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Petitioner: MUHAMMAD RAMZAN VS Respondent: THE STATEHonorable Justice Iftikhar Hussain ChaudharyN.A. Butt,Rao Abdul Jabbar Khan,Mirza Abdullah
2003 M L D 1167
2003 M L D 1167
[Lahore]
Before Iftikhar Hussain Chaudhary, CJ
MUHAMMAD RAMZAN---Petitioner
Versus
THE STATE----Respondent
Criminal Miscellaneous No.4-B of 2003, decided on 10th January, 2003.
Criminal Procedure Code (V of 1898)---
----S. 498---Penal Code (XLV of 1860), Ss. 322/338---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10---Ad interim bail, confirmation of---Excepting the oral statement of the prosecution, no other evidence had been collected by Investigating Agency---Parents of the prosecutrix submitted affidavits to the effect that prosecutrix was subjected to torture, but parents of the prosecutrix were not eye witnesses of the incident---Bail allowed earlier to the accused, was confirmed in view of tenuous nature of evidence collected by Police in the case.
N.A. Butt for Petitioner.
Rao Abdul Jabbar Khan for the Complainant.
Mirza Abdullah for the State.
ORDER
Case F.I.R. No.663, dated 18-11-2002 was registered at Police Station Kahna, Lahore under section 338-G, P.P.C. and section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. Latter, charge under section 322, P.P.C. was added to the First Information Report.
2. According to Mst. Sajida Parveen/complainant, Muhammad Ramzan, who was brother of her husband Nasir Ali, subjected her to unlawful intercourse and also subjected her to torture, when she was in the family way, due to which she miscarried.
3. Petitioner submitted present application and was allowed anticipatory bail, ad interim, by order dated 3-1-2003. The matter has been posted for further proceedings.
4. I have heard the learned counsel for the parties and record has been seen.
5. Excepting the oral statement of the prosecutrix, no further evidence has been collected by the investigating agency, which, at this stage, substantiates the allegations being levelled against the petitioner. Mother and father of Mst. Sajida Bibi submitted affidavits, which were to the effect that she was subjected to torture but they were also not eye witnesses of the incident. Keeping in view the tenuous nature of evidence collected by police, so far in the case, bail allowed to petitioner earlier, is hereby confirmed on the bail bonds already submitted.
H.B.T./M-1796/L Ad-interim bail confirmed.