| Citation(s) |
|---|
| 1988 SLG 2831 1988 SLD 2831 1988 SCMR 1888 |
Supreme Court of Pakistan
Criminal Appeal No. 84 of 1988, decided on 6th July, 1988. (On appeal from the judgment Dated 21-2-1988 of the Lahore High Court, Lahore in Criminal Misc. No. 493/B of 1988) Date of hearing: 6th July, 1988.
NASIM HASAN SHAH, SHAFIUR RAHMAN AND JAVID IQBAL, JJ
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Criminal Appeal No. 84 of 1988, decided on 6th July, 1988. (On appeal from the judgment Dated 21-2-1988 of the Lahore High Court, Lahore in Criminal Misc. No. 493/B of 1988) Date of hearing: 6th July, 1988.
NASIM HASAN SHAH, SHAFIUR RAHMAN AND JAVID IQBAL, JJ
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ASMATULLAH KHAN---Appellant
VS
BAZI KHAN and another--Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 497(5)
Law: Offence of Zina (Enforcement of Hudood) Ordinance, 1979
Section: 11
Criminal Procedure Code (V of 1898)-- ---S. 497(5)--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.11--Officer-in-Charge of investigation and High Court appeared to be of the view that on the facts and circumstances of the case there were no reasonable grounds for believing that the accused had committed a non-bailable offence but there were sufficient grounds for further inquiry into his guilt--Accused, held, was entitled to be released on bail pending inquiry, in circumstances. Ibrahim v. Hayat Gul others 1985 SCMR 382 ref. JUDGMENT NASIM HASAN SHAH, J.--This appeal, by leave of this Court, is directed against the judgment and order passed by the Lahore High Court on 21-2-1988, whereby a learned Single Judge of the said learned Court allowed bail to respondent No.1 (Bazi Khan). The relevant facts are that on 9-7-1987 Mst. Said Bibi aged 16/17 years was proceeding towards the factory of one Zaman alongwith her sister Mst. Wallan Bibi when Qadir Khan, Bazi Khan (respondent No.1 herein), Silla Khan and Mushtaq Khan forcibly abducted Mst. Said Sibi and took her alongwith them in a rickshaw. The occurrence was witnessed by Mst. Wallan Bibi, Dalair Khan and. Khan Mir. The First Information Report was registered on the written application of the father of Mst. Said Bibi (Asmatuallh Khan appellant herein) at 6 p.m. on 9-7-1987 at Police Station Lower Mall, Lahore. Bazi Khan, respondent No.1, is said to have fled away to the tribal area and was apprehended by the Shabqadar Police on 24-7-1987. Thereafter, he was brought to Lahore for trial. The case was initially investigated by Muhammad Shabbir, A.S.I, Police Station Lower Mall, Lahore but subsequently the investigation of it was entrusted to Ch. Ghulam Rasool. D.S.P. (HQ), Lahore. The said police officer appear to have sent four persons to the tribal area to meet Mst. Said Bibi, These four persons, it is reported, met Mst. Said Bibi, abductee, there and according to them she exonerated Bazi Khan. The said four persons further stated on the Holy Quran before the D.S.P that Mst. Said Bibi had told them that she had gone to Qadir Khar (a relative and co-accused of Bazi Khan) of her own…
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