Law: Criminal Procedure Code (V of 1898)

Section: 497(5) & 498

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

Section: 10 & 11

(a) Criminal Procedure Code (V of 1898)-----Ss.497 & 498--Bail--Principle of consistency--Mere fact that a person who should not have been allowed bail, was allowed bail in the same case does not justify grant of bail to a person who is otherwise not entitled to it. [p. 85] A(b) Criminal Procedure Code (V of 1898)-----5. 497 (5)--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10 & 11--Bail--Two accused persons--Not possibleto distinguish case of both accused in so far as nature of offence for purpose of bail proceedings was concerned- -Prosecutrix when recovered after some time since her abduction, during which she was allegedly subjected to cruel acts, made serious allegations against accused 'S'-�Possibility that accused 'S' was hardened and desperate criminal could not be ruled out--High Court having granted bail to accused 'S' on ground of delay in the submission of challan; no appeal before Supreme Court having been filed against grant of bail to accused 'S' and issue of grant of bail to such accused being a moot point, Supreme Court left the question for re-examination of grant of bail to accused 'S', by the High Court under S. 497 (5), Cr.P.C. [p. 85] BORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from order dated 27-7-1987 of the Lahore High Court; whereby petitioner's application for bail in a case under Sections 10 and 11 of the Offence of Zina (Enforcement of Hudood) Ordinance (No.VII of 1979), was dismissed. There are several accused in this case. The allegation against the petitioner is that one Sher Din, petitioner's co-accused, having deceitfully abducted Mst. Yasmin Jana, a teenage girl of tender age, raped her. She was taken from place to place and was also handed over to Muhammad Azim petitioner who allegedly participated in the crime of abduction and also raped the prosecutrix. The learned Judge in the High Court took note of the facts in the case and refused request for bail to the petitioner. After hearing the learned counsel in support of this petition, we are unable to agree with the submission that the learned Judge did not apply mind to all the facts and circumstances…