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Initializing Secure Chambers
Petitioner: MUHAMMAD ARSHAD VS Respondent: THE STATE
1997 P Cr
1997 P Cr. L J 816
[Lahore]
Before Muhammad Asif Jan, J
MUHAMMAD ARSHAD---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No.954/B of 1996, decided on 27th March, 1996.
Criminal Procedure Code (V-of 1898)--
----S. 497(2)---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.11---Bail, grant of ---Abductee had made a statement that she was not kidnapped or abducted by anybody and that she had voluntarily married the accused as she liked him---Nikahnama had been placed on the record---Challan had not yet been submitted in the Court---Reasonable grounds did not exist to believe that the accused was guilty of the offence with which he was charged, rather grounds for further inquiry into his guilt were available within the meaning of S.497(2), Cr.P.C. entitling him to the grant of bail---Accused was admitted to bail accordingly.
Ch. Akhtar Hussain for Petitioner. Maqsood Ahmad Khan and Muhammad Yasub for the State.
Date of hearing: 27th March, 1996.
ORDER
Muhammad Arshad petitioner was arrested on 19-7-1995 and is in jail ever since in pursuance of a case registered against him vide F.I.R. No.206/95, dated 27-6-1995 under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Garjakh of Gujranwala District.
2. Mst. Farzana Bibi abductee made a statement on 26-6-1995 (Annexure "E") to the effect that nobody had kidnapped or abducted her and that she was voluntarily entering into marriage with Muhammad Arshad petitioner which she actually did on the same day and the Nikahnama has been placed on record as Annexure "D".
3. The statement of Mst. Farzana Bibi under section 164, Cr.P.C. was recorded on 9-7-1995. In this statement also Mst. Farzana Bibi has stated that she liked Muhammad Arshad petitioner and, therefore, married him.
4. Learned counsel appearing on behalf of the State informs me that the challan had not yet been submitted in Court.
5. From the material that has been collected by the prosecution so far, reasonable grounds to believe that the petitioner is guilty of an offence punishable with death or imprisonment for life or imprisonment for 10 years do not seem to exist. There may be grounds for further inquiry within the meaning of subsection (2) of section 497, Cr.P.C. which entitles the petitioner to .the grant of bail.
6. Resultantly, the petitioner is granted bail provided he furnishes a bail bond in the sum be Rs.50,000 with one surety in the, like amount to the satisfaction of the Assistant Commissioner, Gujranwala.
N.H.Q./M-250/L Bail allowed.