Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: ALI SHER VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Sajjad Ahmad Sipra Title: ALI SHER vs THE STATE Case No.: Cr. Misc. No. 1939/B of 1992 Date of Judgment:1992-06-07 Reported As: 1992 P Cr. L J 2515 Result: Bail allowed
Judgment ORDER The petitioner, alongwith two others, stands accused of offences under sections 380 and 506, P.P.C. Read with section 10/16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, vide F.I.R. No.147/90, dated 1-4-1990, registered at Police Station Ravi Road, Lahore. 2. According to the F.I.R., in brief, the petitioner had abducted Mst. Kalsoom Bibi co-accused, and had subjected her to Zina. It is further stated therein that certain golden ornaments and cash were stolen by Mst. Kalsoom Bibi, co-accused. 3. The learned counsel contended for the bail of the petitioner, inter alia, on the statutory ground, as the trial of the accused has not been concluded till date, whereas the petitioner was arrested on 17-4-1991. In this respect referred to third proviso of section 497, Cr.P.C. Whereby if the trial has not been concluded in a case which is not punishable with death, the accused is entitled to bail after the lapse of one year. To support his contention, placed reliance upon Muhammad Ismail v. Muhammad Rafique and another PLD 1989 SC 585. 4. The learned counsel for the State confirmed that according to the provision of law stated above, more than one year has expired since the arrest of the accused and the registration of the case and the trial has not been concluded till date. However, submitted that the trial of the case is in progress. 5. However, in view of what has been stated above, as the statutory period in question has expired and according to the third proviso of section 497(1), Cr.P.C., as pointed out by the learned counsel for the petitioner, the word `shall' having been used in the said provision of law, the petitioner has become entitled to bail. Therefore, the petitioner is hereby allowed bail in the sum of Rs.25,000 with
---
## Page 2
two sureties in the like amount to the satisfaction of the Assistant Commissioner (City)/Duty Magistrate, Lahore. N.H.Q./A-159/L