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Petitioner: ABDUL REHMAN VS Respondent: StateHonorable Justice Ijaz Ahmad ChaudhryNemo,Muhammad Naveed Shabbir Goraya for the State along with Muhammad Younas
2007 Y L R 403
2007 Y L R 403
[Lahore]
Before Ijaz Ahmad Chaudhry, J
ABDUL REHMAN---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No. 227-B of 2006, decided on 1st February, 2006.
Criminal Procedure Code (V of 1898)---
----S. 497---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10 & 16---Bail, grant of---Principle of con sistency---Accused was real brother of co-accused who had been enlarged on bail and case of accused being at par with said co-accused, he was also entitled to the same treatment on principle of consistency---Accused was admitted to bail, in circumstances.
Nemo for Petitioner.
Muhammad Naveed Shabbir Goraya for the State along with Muhammad Younas, A.S.-I. with record.
ORDER
IJAZ AHMAD CHAUDHRY, J.--Through this petition under section 497, Cr.P.C. the petitioner seeks bail after arrest in case F.I.R. No.515 dated 5-9-2005, registered under sections 16/10 of the Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) at Police Station Saddar; Jhang on the application of Haji Fazal Muhammad.
2. The brief allegation against the petitioner as per contents of the F.I.R. is that he along with others had abducted Mst. Bushra wife of the complainant for the purpose of Zina with her and also took away five Tolas Gold ornaments and Rs.20,000 in cash along with them. Hence this case.
3. Nobody has entered appearance on behalf of the petitioner to prosecute this petition. However, I intend to dispose of the same on merits.
4. Learned counsel for the State opposes this petition on the ground that the petitioner is named in the F.I.R. who being close relative of the main accused had joined hands in the abduction and the offence falls within the prohibitory clause of section 497, Cr.P.C.
5. I have heard the learned counsel for the State and also gone through the record. The co-accused Maqbool Ahmad alias Lali moved an application for bail after arrest through Criminal Miscellaneous No. 8601-B of 2005 which has been accepted by this Court vide order dated 14-12-2005. So far the alleged abductee has not been recovered in spite of that the petitioner had remained in police remand and then sent to the judicial lock-up. The main accused in the present case is Shahid. The petitioner is real brother of Maqbool Ahmad alias Lali co-accused, who has been enlarged on bail by this Court. The case of the petitioner is at par with him and on the principle of consistency he is also entitled to the same treatment. Hence this petition is accepted and the petitioner shall be released on bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 with two sureties each in the like amount to the satisfaction of the learned Judicial/Illaqa Magistrate.
H.B.T./A-36/L Bail granted.