Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979

Section: 5/10/11/16

Criminal Procedure Code (V of 1898)    S. 497 Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.5/10/11/16 Bail Points like false implication of accused in the case due to previous enmity between the parties and conflict in medical evidence and abductees version, required deeper appreciation of evidence which was not permissible at bail stage and only tentative assessment of the same could be made Abductee in her statement made before the Magistrate had categorically implicated the accused in the commission of her abduction and Zina bil Jabr with her Medical. evidence and other material collected by the prosecution had, prima facie, connected the accused with the commission of the offence, which fell within the prohibition contained in S.497(1), Cr.P.C. Abscondence of accused for more than five months had also supported the prosecution case so far as the question of bail was concerned Bail was declined to accused in circumstances.   Muhammad Mansha v. The State 1986 PCr.LJ 758; Muhammad Afzal alias. Bodi v. The State 1979 SCMR 9; Shadi Khan v. Hazrat Umar and another 2000 MLD 1251 and Sher Muhammad and others v. The State 1993 PCr.LJ 90 ref.   Muhammad Nawaz Khan for Petitioner.   Muhammad Ayub Khan, Dy.A. G. for the State.   hearing date: 25th June, 2001. JUDGMENT The petitioner stands arrested in a case registered against him and others under sections 5/10/11/16, Offence of Zina (Enforcement of Hudood) 9rdinance, 1979, in case F.I.R. No.912, dated 27 10 2000, Police Station City Haripur, at the behest of complainant Gulzar. 2. The prosecution story in brief is that on the day of occurrence, i.e. 4 0-2000 at about 6 30 p.m. the complainant accompanied by his brothers widow Mst. Missal Jan, were going to the house of their relative Mir Baz when Zardad Ahmad, Ghafoor and Khushal accused alighted from a Datsun and took away Mst. Missal Jan (32/34) to some unknown destination. According to the complainant one of the accused person was armed with a pistol. The report was lodged at Police Post T.I.P., Haripur at 13 50 hours and thereafter, a case was registered. 3. The petitioner was arrested on 12 3 2001 from District…

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