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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: SYED MUNAWAR ALI SHAH VS Respondent: THE STATE
1988 P
1988 P Cr. L J 688 (2)
[Karachi]
Before Abdul Razzak A. Thahim, J
Syed MUNAWAR ALI SHAH‑‑Petitioner
versus
THE STATE‑‑Respondent
Criminal Bail Application No. 1408 of 1985, decided on 20th November, 1985.
Criminal Procedure Code (V of 1898)‑‑
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 377‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 12‑‑Bail‑ Allegation of sodomy by wife against husband‑‑First Information Report lodged with delay‑‑Medical certificate not supporting allegation‑‑Bail granted.
Shahadat Awan for Applicant. Abdul Ghafoor Mangi, A.A.‑G. for the State.
ORDER
1. Granted subject to all just exceptions.
Applicant Syed Munawar Ali Shah is being tried for the offence punishable under section 377, P.P.C. read with section 12 of Zina (Enforcement of Hudood) Ordinance, 1979.
2. The allegation in the F.I.R. lodged by his wife is that he was committing sodomy on her.
3. Mr. Shahadat Awan, the learned counsel appearing for the applicant contended that case has been filed due to enmity as there was dispute between husband and wife and there is a delay in lodging the report.
4. Mr. Abdul Ghafoor Mangi, the learned A.A.‑G. has not opposed the bail.
5. There is a delay in lodging the report. The medical certificate of Mst. Shamim Begum does not support the allegation. It is stated in the certificate that on clinical findings presently nothing could be suggested or contradicted about the act of sodomy performed on her. In my view this is a case for bail. Applicant shall be released on bail on furnishing one surety in the sum of Rs.30,000 and P.R. Bond in the like amount to the satisfaction of learned Additional Sessions Judge (Hudood Cases), East, Karachi.
M.Y.H./M‑340/K Bail granted.