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Petitioner: MUHAMMAD ASHRAF KHAN VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Ghulam Mujaddid Mirza, Dr. Javed Iqbal Title: MUHAMMAD ASHRAF KHAN vs THE STATE Case No.: Criminal Petition for Leave to Appeal No,138 of 1989 Date of Judgment:1989-06-14 Reported As: 1990 SCMR 1574 Result: Petition dismissed
Judgment ORDER ' JAVID IQBAL, J.---This petition for leave to appeal is directed against the order of the Lahore High Court, Lahore dated 26th April, 1989 whereby bail application of the petitioner was dismissed. ' A case is registered against the petitioner under sections 10, 11, 16 and 19 of Zina (Enforcement of Hudood) Ordinance. The allegation is that he committed the offence of Zina-bil-Jabr on Mst. Shamshad Begum. There were three co-accused against whom the allegation was for having stood as guards and they were allowed bail by the Additional Sessions Judge. However, the petitioner was refused bail not only by the Additional Sessions Judge but also by the High Court. Learned counsel contends that the F.I.R. Was at variance with the statement of Mst. Shamshad Begum dated 21st February, 1989, that according to the medical evidence she had been used to sexual intercourse, that the petitioner had contracted marriage with her vide Nikah and that she had made an affidavit to the effect that she had voluntarily come with the petitioner and married him. All these arguments had been raised before the learned Single Judge as is evident from para. 4 of the impugned order of the High Court, but these had been rightly rejected. No case is made out for interference in the discretion exercised by the learned Judge of the High Court in this case. The petition is, therefore, dismissed.
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