Law: Criminal Procedure Code (V of 1898)

Section: 497

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

Section: 8

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 8---Constitution of Pakistan, Art. 185(3)---Zina liable to Hadd, kidnapping, abducting or inducting woman to compel for marriage etc.---Bail, grant of---Further inquiry---Accused was alleged to have eloped with the complainants wife---Although in the FIR the complainant claimed that his wife on her own eloped with the accused but his information to such extent was based upon the information passed to him by someone and the FIR was silent regarding the source through which the complainant came to know about the involvement of the accused in the present case---Subsequently, two prosecution witnesses were examined by the police under section 161, Cr.P.C. that too after eight and four days respectively of the registration of the FIR who also claimed that they came to know about the involvement of the accused but did not disclose their source---Alleged wife of the complainant had not been arrested so far---Such circumstances clearly brought the case of the accused within the ambit of further inquiry under subsection (2) of section 497, Cr.P.C.---Petition for leave to appeal was converted into appeal and allowed, and accused was granted bail. (b) Criminal Procedure Code (V of 1898)--- ----S. 497--- Constitution of Pakistan, Art. 185(3)--- Bail--- Long abscondence---Mere abscondence by itself is not sufficient to withhold the concession of bail when the accused otherwise becomes entitled for the grant of bail. ORDER SARDAR TARIQ MASOOD, J.---Through this petition, petitioner Hidayat Khan impugns the judgment dated 16.05.2019 passed by Peshawar High Court, Mingora Bench (Dar-ul-Qaza), Swat through which his post arrest bail was declined in case FIR No. 104 dated 28.03.1986 registered under sections 5/10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police…

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