Law: Criminal Procedure Code (V of 1898)

Section: 164,497,497(2)

Law: Offence of Zina (Enforcement of Hudood) Ordinance, 1979

Section: 11

Criminal Procedure Code (V of 1898)--- ----S. 497---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.11---Bail, grant of---Non compliance of directions by High Court---Effect---Direction given by High Court had not been complied with despite lapse of 10 months' period, the accused was in custody for the last two and half years without any progress in the case---Bail was granted, in circumstances. THIS ORDER PASSED BY: KHAWAJA NAVEED AHMED, J.--- Brief facts of the prosecution case are that on 22-3-2006, one Muhammad Akber had lodged an F.I.R., in respect of an incident which had taken place on 13-3-2006, within the jurisdiction of Police Station Baloch Colony. The complainant in F.I.R. has stated that he is a driver and is residing with his family in Manzoor Colony, Karachi. On 13-3-2006, at 12-00 noon, his daughter Sonia Kornai aged about 15 years, who was studying in Azmat Islam School in Manzoor Colony in class six had gone to school. At about 3-00 p.m., the girl residing in the neighbourhood namely Nazia had gone to her school and told her that her grand mother has died and took leave from the school for her. Thereafter both the girls were missing. On 2-3-2006, the girl living in neighbourhood namely Nazia has come back to her house, she had informed the complainant that one Junaid of Babar Market and his friend Naushad had taken them to Hyderabad and thereafter had brought them back to Karachi. Naushad had taken complainant's daughter Sonia with him with intention to commit Zina. Police registered the case and had arrested the accused. This second bail application has been moved on behalf of accused Muhammad Zahid. His earlier bail application No.960 of 2007 was dismissed as withdrawn by order, dated 20-11-2007 and direction was given to the learned trial Court to record evidence of prosecutrix within 2 months of the receipt of the order and thereafter the applicant could repeat the bail application if so advised. The applicant had repeated the bail application in the trial Court, which was rejected by order, dated 19-6-2008. While rejecting the bail application the learned trial Court observed that prosecutrix remained present on two…

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