Case Details

Citation(s)
2001 SLG 1205 2001 SLD 1205 2001 PCRLJ 1689
Lahore High Court
Criminal Miscellaneous No.59/B of 1999, decided on 26th February, 1999.
MUHAMMAD ASIF, JAN, J
Zahid Hussain Khan for Petitioners. Saleem Shad for the State. M. Arif Rafique Sindhu for the Complainant.

MUHAMMAD BOOTA and others 6VS

VS

THE STATE --Respondents

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 338-A

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

Section: 10

Criminal Procedure Code (V of 1898)     S. 497 Penal Code (XLV of 1860), S.338 A Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10 Bail, grant of Indefinite delay in lodging of F. I. R., per se had cast doubt on truthfulness of prosecution case, especially when both the accused had been found innocent by the Deputy Superintendent of Police who prepared the discharge report ¬In absence of reasonable grounds to believe that the accused were guilty of an offence punishable with death, imprisonment for life or imprisonment for ten years, case against the accused was of further inquiry Accused were entitled to grant of bail.   Zahid Hussain Khan for Petitioners.   Saleem Shad for the State.   M. Arif Rafique Sindhu for the Complainant. ORDER Muhammad Boota petitioner aged about 18 years and Ramzan petitioner aged about 27 years were arrested on the 27th of October, 1998, in pursuance of a case registered against them and 3 others, vide First Information Report No.211, dated the 23rd of July, 1998, under section 338 A, P.P.C. to which section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance of 1979 was added later on, at Police Station Athara Hazari, District Jhang, regarding an occurrence which allegedly took place on an unknown date and time, in the area of village Wasaw, which is about 8 kilometers from Police Station…
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