Case Details

Citation(s)
2003 SLG 1178 2003 SLD 1178 2003 PCRLJ 916
Lahore High Court
Criminal Miscellaneous No. 2650/B of 2002, decided on 16th October, 2002.
CH. IFTIKHAR HUSSAIN, J
Ch. Imran Khalid Amratsari for Petitioners. Malik Muhammad Riaz Aora for the State.

SAJJAD HUSSAIN and another

VS

THE STATE

Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

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

Section: 10/16

Criminal Procedure Code (V of 1898)---   ----S. 497(2)---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10/16---Bail, grant of---Further inquiry---Allegation against accused persons was that they enticed away complainant/victim lady and then had subjected her to Zina-bil-Jabr--- Complainant and her husband had filed their affidavits wherein they had deposed that they were satisfied that accused were not the real culprits and that they were innocent and that complainant did not want to pursue the case against the accused---Husband of complainant had deposed in the affidavit that his wife (complainant) had told him that accused were not the real culprits--¬Case against accused had become one of further inquiry which was covered untie, subsection (2) of S.497, Cr.P.C.---Accused who were behind the bars were stated to be previous non-convicts---Accused were entitled to bail, in circumstances.   Ch. Imran Khalid Amratsari for Petitioners.   Malik Muhammad Riaz Aora for the State. ORDER Sajjad Hussain and Muhammad Manzoor Hussain, the petitioners have sought for post-arrest bail in case F.I.R. No.168 dated 9-7-2002 under sections 16/10 of the Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) registered with Police Station Basti Malook, District Multan. 2. Briefly the prosecution case as per F.I.R. is that on 6-7-2002 at about 12-00 noon Sajjad Hussain (petitioner No.1) had enticed away Mst. Mansab Mai, the complainant from near Garden Sh. Khalil Ahmad within the area of Mauza Larr and he took her to Adda Larr on motorcycle where Manzoor Hussain petitioner No.2 met them. They took juice and also made her to take the same and on taking it she became unconscious and they then took her on motorcycle to an unknown place and there they subjected her to Zina-bil-Jabr one after the other. 3. The bail has been sought by them mainly on the ground that the…
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