Case Details

Citation(s)
2016 SLG 2989 2016 SLD 2989 2016 YLR 2788
Shariat Court (AJ&K)
Applications Nos. 68 and 59 of 2016, decided on 27th June, 2016. Date of decision: 27th June, 2016.
M. TABASSUM AFTAB ALVI, JUSTICE
Sardar Javed Nisar for Applicant. Nemo for
Respondents.

MUHAMMAD IRSHAD.--Applicant

VS

MUHAMMAD MEHTAB AND another.

Law:

Section:

Criminal Procedure Code (V of 1898)---.--- ---.---S. 497(5)---.---Azad Jammu and Kashmir Offence of Zina (Enforcement of Hudood) Act, 1985, Ss.10(4) & 16---.---Penal Code (XLV of 1860), Ss.341, 342, 354, 384 & 109---.---Zina-bil-jabr, enticing or taking away or detaining with criminal intent a woman, wrongful restraint, wrongful confinement, assault or criminal force to woman with intent to outrage her modesty, extortion, abetment---.---Bail, cancellation of---.---Bail application of accused on plea of ailment had already been declined by the Trial Court---.---No fresh ground was available to accused for bail---.---Subsequent bail application could be moved only on a fresh ground---.---Accused failed to point out any reason as to why he did not produce any proof/report along with his previous bail application pertaining to his ailment---.---Concerned Medical Officer never reported that kidney disease of accused was not curable in any other hospital of the country---.---After examining naked videos and photographs of victim, it appeared that alleged offence of zina was prima facie committed by accused and his co-accused with victim, while removing her from vehicle, along with her husband on gunpoint---.---Tentative assessment of prosecution evidence had connected accused with the alleged offence---.---Statement of husband of victim also supported prosecution story---.---Material collected by Police and evidence produced by the prosecution, had sufficiently connected accused with the alleged offence---.---Accused was not entitled for post arrest bail, in circumstances---.---Concession of bail granted to accused through the impugned order of District Criminal Court was recalled, in circumstances. Qazi Zubair-ud-Din v. Qazi Imtiaz Ahmed and another 2003 YLR 102; Sono Khan v. Sikander and others 2000 PCr.LJ 614; Ali Sheharyar v. The State 2008 SCMR 1448 and Amir Masih v. The State and another 2013 SCMR 1524 ref. THIS ORDER PASSED BY: M. TABASSUM AFTAB ALVI, JUSTICE:---.------ The supra titled applications have been moved for cancellation of bail granted to accused-respondent, Muhammad Mehtab, by District Court of Criminal Jurisdiction Sudhnoti/Palandri, vide…
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