| Citation(s) |
|---|
| 2010 SLG 890 2010 SLD 890 2010 PLJ 394 |
Lahore High Court
Crl. Misc. No. 10888-B of 2008, decision & hearing Dated: 18.02.2009.
KHURSHID ANWAR BHINDER, JUSITCE
Ch. Muhammad Yousaf, Advocate for Petitioner Mr. Fayyaz Ahmad, DPG for State.
Crl. Misc. No. 10888-B of 2008, decision & hearing Dated: 18.02.2009.
KHURSHID ANWAR BHINDER, JUSITCE
Ch. Muhammad Yousaf, Advocate for Petitioner Mr. Fayyaz Ahmad, DPG for State.
MUHAMMAD SALEEM
VS
STATE
Law:
Section:
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Offence of Zina (Enforcement of Hadood) Ordinance (VII of 1979), Ss. 11/10--Pakistan Penal Code 1860 (XLV of 1860) Ss. 471/ 467/468--Bail--Grant of--Prayer for--Further inquiry--Case against petitioner was doubtful for reason that complainant had filed writ petition according to which, she had refuted all allegations levelled against petitioner--She submitted before High Court that She being sui juries had contracted marriage with petitioner with her free will and consent but subsequently she had resiled from her statement--She put up an application for registration of a criminal case in Court of Additional Sessions Judge/Justice of peace meaning thereby that she had changed her earlier stance--Moreover, there was a delay of eight months in lodging FIR which has not been sufficiently explained--Had occurrence genuinely been taken place then there was no reason for family members of complainant not to get case registered against petitioner or any body else regarding abduction of complainant--Case of petitioner clearly falls within ambit of further inquiry into his guilt--Petitioner was admitted to bail--Petition accepted. THIS ORDER PASSED BY: KHURSHID ANWAR BHINDER, JUSITCE---.--- Muhammad Saleem petitioner seeks post arrest bail in case FIR No. 654 dated 23.12.2002, registered under Section 11/10 of the Offence of Zina (Enforcement of Hadood) Ordinance No. VII of 1979, Sections 471/467/468 PPC at Police Station Hanjarwal, Lahore. 2. Precise allegations against the petitioner, as per the narration of the FIR are that he had abducted Mst. Razia Manzoor complainant, had procured forcibly nikah nama after obtaining her signatures after abduction under coercion and had also subjected her to Zina-bil-Jabar as well. 3. Learned counsel for the petitioner submits that the occurrence in the instant case took place on 18.4.2002 whereas FIR was got registered against the petitioner on 23.12.2002 with the delay of eight months for which no plausible explanation was ever given. He has particularly referred W.P. No. 9104/2002 filed by the complainant in this Court wherein she had categorically stated that she had…
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