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Petitioner: CHANNA N VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Muhammad Aslam Mian Title: CHANNA N vs THE STATE Case No.: Criminal Miscellaneous No, 579 of 1988 Date of Judgment:1988-03-16 Reported As: 1989 P Cr. L J 600 Result: Petition dismissed
JUDGMENT
JUDGMENT ' This is an application for grant of bail to Channan, petitioner in case under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at P.S. Mustafa Abad vide F.I.R. No,206, dated 10-8-1987. 2. The prosecution case is that the petitioner and others deceitfully took away Mst. Bashiran Bibi complainant and not only induced her to marry Channan petitioner but also subjected her to Zina- bil-Jabr. 3. Learned counsel for the petitioner submits that at the worst it is a case of elopement; that the complainant is a lady of easy virtue; that there were no marks of violence on her person when she was legally examined; that the challan has not been submitted; that two witnesses namely Bashir Ahmad and Nazir Ahmad have stated in their statements recorded under section 164, Cr.P.C. That they knew nothing about the occurrence. Learned counsel for the State has opposed this application. 4. I have considered the submissions made by the learned counsel for the parties with care. ' I have not been able to persuade myself to agree with the learned counsel for the petitioner. I find that Mst. Bashiran Bibi in the F.I.R. Lodged by her has categorically stated that the petitioner had committed Zina-bil-jabr with her; that the submissions made by the learned counsel travel beyond the scope of tentative assessm ent; that the alleged offence falls within the prohibitory clause of section 497, Cr.P.C. 5. For what has been said above, there being no merit the petition is dismissed. 6. The Investigating Officer is however, directed to submit challan within 15 days from the date of this order. In case the challan is not submitted within 15 days, the petitioner may repeat his