Law: Criminal Procedure Code (V of 1898)

Section: 497(2),497(5)

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

Section: 5/11/16

(a) Criminal Procedure Code (V of 1898)     S. 497(2) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.5/11/16 Bail Female accused in her affidavit as well as in her statement made under S.164, Cr.P.C. had categorically stated that she was not abducted by anybody and that she had contracted a valid marriage with co accused with her free will and consent Case against accused, in circumstances, required further inquiry as contemplated by S.497(2). Cr.P.C. Accused were allowed bail accordingly.   (b) Criminal Procedure Code (V of 1898)     S. 497(5) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.5/11/16 Cancellation of bail Accused was alleged only to have abetted the commission of the offence which was yet to be determined at the trial No allegation of misuse or abuse of the concession of bail had been made against the accused Discretion exercised by the Sessions Court in granting bail to accused was neither injudicious nor improper Petition for cancellation of bail was dismissed in circumstances.   Nek Nawaz Khan for Petitioners.   Safirullah for Respondent No. 1.    Janas Khan for the State..   Date of hearing: 25th May, 2001. JUDGMENT By this judgment I propose to dispose of the instant bail application (Criminal Miscellaneous No.271 of 2001) and the connected bail cancellation application (Criminal Miscellaneous No.392 of 2001) as both have arisen out of one and the same F.I.R. Noor Niaz alias Veran, Mst. Naila Nasreen accused petitioner in the instant bail application and Naqibullah accused respondent No. l in the connected bail cancellation application are facing prosecution in case F.I.R. No. 164, dated 23 10 2000 under sections 5/11/16, Offence of Zina (Enforcement of Hudood) Ordinance, 1979, Police Station Takhti Nasrati, District Karak. Accused petitioners in the instant petition were refused bail by the Courts below, hence they approached this Court for their release on bail while in the connected bail cancellation application Khan Wazir complainant sought cancellation of bail granted to Naqibullah accused ¬respondent No.l by the learned Sessions Judge,…

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