| 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.
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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