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Petitioner: MUHAMMAD IMRAN VS Respondent: THE STATEHonorable Justice Muhammad Farrukh MahmudFaiz Bakhsh Khan Langah,Muhammad Tariq Mehmood
2002 Y L R 173
2002 Y L R 173
[Lahore]
Before Muhammad Farrukh Mahmud, J
MUHAMMAD IMRAN ---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous Nos. 2268-B and 2001, decided on 10th October, 2001.
Criminal Procedure Code (V of 1898)---
----S.497---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979 Ss. 13/14---Bail, grant of---No warrant of arrest was obtained by the complainant Police Officer and he conducted the raid in violation: of the Fundamental Rights guaranteed by the Constitution---First Information Report ha d nowhere mentioned that the apprehended lady and the male were committing Zina---No offence prima facie was made out against the accused under Ss. 13/14 of Offence of Zina. (Enforcement of Hudood) Ordinance, 1979 and further probe was needed into the guilt of the accused---Bail was granted to the accused.
Faiz Bakhsh Khan Langah for Petitioner.
Muhammad Tariq Mehmood for the State.
ORDER
Muhammad Imran petitioner has sought his post-arrest bail in case F.I.R. No. 210 of 2001 registered on 28-8-2001 at Police Station Kot Sultan, District Layyah, for offences under sections 13/14 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
2. A perusal of the F.I.R. shows that the complainant Ghulam Abbas, A.S.I. received an information that a prostitution den was being run by one Nisar Hussain and, therefore, the complainant formed a raiding party and conducted the raid. During the raid the complainant found one lady and a person lying together on a cot who were apprehended by the complainant. It is further stated in the F.I.R. that on inquiry the apprehended persons disclosed their names as Muhammad Imran and Mst. Nasim Mai. The petitioner, after his arrest is in the judicial lock-up.
3. I have heard the learned counsel for the petitioner as well as the learned counsel for the State and have perused the record. It has been noticed that no warrant of arrest was obtained by the complainant and he conducted the raid in violation of the Fundamental Rights guaranteed by the Constitution of the Islamic Republic of Pakistan, 1973. It is .A nowhere mentioned in the F.I.R. that the apprehended lady and the male were committing zina. In these circumstances, prima facie, no offence is made out under sections 13/14 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and further probe is needed into the guilt of the petitioner.
4. In these circumstances I am inclined to release the petitioner on bail subject to his furnishing of bail bond in the sum of Rs 5,000 (Rupees five thousand only) with one surety in the like am, the learned trial Court.
H.B.T/M-952/L Bail granted.