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Petitioner: MUHAMMAD YAR VS Respondent: THE STATE
1997 P Cr
1997 P Cr. L J 948
[Lahore]
Before Muhammad Javed Buttar, J
MUHAMMAD YAR---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No. 1116/B of 1996, decided on 31st July, 1996.
Criminal Procedure Code (V of 1898)---
----S. 497---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.16---Bail, grant of ---Abductee after her recovery in a statement recorded under S.164, Cr.P.C. had acknowledged that no one had committed Zina with her-- Only allegation against accused was of having been seen travelling with the main accused in a wagon at the time of abduction---Guilt or otherwise of the accused could be determined only after recording of evidence by Trial Court---Offence alleged against accused did not fall within the prohibitory clause of S.49.7(1), Cr.P.C. and grant of bail could not be withheld as a matter of punishment-- Accused was granted bail accordingly.
Syed Murtaza Ali Zaidi and Malik Muhammad Afzal for Petitioner. Mushtaq Ali for the State.
ORDER
Petitioner Muhammad Yar is seeking post-arrest bail in case F.I.R. No.60 of 1996, dated 26-3-1996, under section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 for an occurrence alleged to have taken place on 15-3-1996.
2. The abductee/Alam Khatoon on recovery made a statement under section 164, Cr.P.C. on 8-5-1996 in support of the contents of the F.I.R. acknowledging that no one committed Zina with her. The only allegation against the petitioner is that he was seen travelling with the main accused Manzoor Ahmad in a wagon at the time of abduction. The guilt or otherwise of the petitioner shall be determined only after the recording of the evidence and as the offence alleged against the petitioner does not fall within prohibitory clause of section 497, Cr.P.C., therefore, grant of bail cannot be withheld as a matter of punishment. The application is, therefore, allowed and the petitioner is granted bail subject to his furnishing bail bond in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Chichawatni.
N.H.Q./M-282/L Bail granted.