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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: ABDUL HAMID SHAKIR VS Respondent: THE STATE
1988 P Cr
1988 P Cr. L J 606
[Lahore]
Before Qurban Sadiq Ikram, J
ABDUL HAMID SHAKIR and another‑‑Petitioners
versus
THE STATE‑‑Respondent
Criminal Miscellaneous No 1033/B of 1985, decided on 26th October, 1985.
Criminal Procedure Code (V of 1898)‑‑
‑‑‑S. 497‑‑Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979), S.7‑‑Bail, grant of‑‑Punishment provided for offence being 80 stripes only, offence not falling within prohibitory clause of 5.497, Cr.P.C.‑‑Bail granted in circumstances.
Muhammad Bashir Khan for Petitioners. Akhtar Masobd Ahmad for the State.
ORDER
Petitioners are in judicial lock‑up in a case under section 7 Ordinance IX of 1979. The allegation against them is that they made a false allegation against A.S.I. Sajjad Hussain that he was committing sexual intercourse in a Chaubara. This information was conveyed by them to Assistant Commissioner Sadar Rajanpur who conducted a raid, Sajjad Hussain, A.S.I. was present at the Chaubara alongwith Mst. Nasim Begum who was his lawfully wedded wife. The said information having been found false, the present case was registered against the petitioners, under section 7 of Ordinance IX of 1979 which provides maximum sentence of 80 stripes. No sentence for imprisonment is provided in this offence. As such it cannot be said that the case of petitioners comes within the ambit of prohibition provided under section 497(1), , Cr.P.C. The petitioners are, therefore, admitted to bail on their furnishing of bail bond in the sum of Rs.10,000 wit: one surety in the like amount to the satisfaction of Duty Magistrate Rajanpur.
S.A./A‑243/L Bail granted.