Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Offence of Zina (Enforcement of Hudood) Ordinance, 1979

Section: 20, 11, 15

(a) Criminal Procedure Code (V of 1898)  S. 498 read with Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 20-Bail, grant of-Power of High Court under S. 498, Cr. P. C. to grant bail for offences under Zina Ordinance-Held Intact-Contention that appellate jurisdiction having been conferred on Federal Shariat Court under S. 20 of Zina Ordinance, power to grant bail would also be deemed to have been taken away in matter --Repelled-No express provision ousting jurisdiction of High Court under Ss. 497 & 498, Cr. P. C. in Zina Ordinance having been made and subsequent amendment being confined only to conferment of power of appeal on Federal Shariat Court, its scope held further, could not extended to bail matter.-[Jurisdiction]. Zahoor Ilahi's case P L D 1977 S C 273; Begun Parveen Malik v. State L D 1977 Lah. 1017 and Ahmad All v. State Cr. Misc. No. 2731-B of 1980 rel, (b) Criminal Procedure Coda (V of 1898) S. 498 read with Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 11 & 15-Bail, grant of--Abductee a minor girl- Consent of such abductee to marriage or sexual intercourse, held, of no avail-Bail declined to petitioner, in circumstance.-[Age]. Date of hearing; 11thAugust, 1980.                                                                                                                                JUDGMENT This is an application for bail with regard to an offence under section 1 I of the Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), (hereinafter called Zina Ordinance), in a case registered at Police Station, Chishtian on 24th February, 1980. The petitioner was granted bail on 27th April, 1980, by the A. D. C. (ii), Magistrate Section 30, Bahawalnagar. The learned Additional Sessions Judge, Bahawalnagar, however, cancelled it vide his order dated 11thMay, 1980. 2.…