| Citation(s) |
|---|
| 2004 SLG 2534 2004 SLD 2534 2004 PCRLJ 1630 |
Lahore High Court
Cr. Misc. No. 3315/B of 2003, decided on 28th January, 2004
IJAZ AHMAD CHAUDHRY, J
Altaf Ibrahim Qureshi for Petitioner. Abdul Hameed Khokhar for the State
Cr. Misc. No. 3315/B of 2003, decided on 28th January, 2004
IJAZ AHMAD CHAUDHRY, J
Altaf Ibrahim Qureshi for Petitioner. Abdul Hameed Khokhar for the State
IMRAN alias GOGI
VS
THE STATE
Law:
Section:
Criminal Procedure Code (V of 1898)--------S. 497---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.12---Penal Code (XLV of 1860), S.377---Bail, grant of--Accused was behind the bars for the last about .one year and seven months and in spite of direction issued to Trial Court for conclusion of trial within six months, trial of case could not be completed due to non availability of Presiding Officer---Accused could not be kept in jail for indefinite period as a punishment, when no progress was made in trial of case without any fault of accused --Accused was admitted to bail, in circumstances. ORDER Through this application under sections 497/498, Cr.P.C. petitioner seeks bail after arrest in case F.I.R. No. 118, dated 27-7-2001 registered under section 12, Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 read with section 377, P.P.C. at Police Station Fateh Shah District Vehari. 2. The occurrence in the present case took place on 26-7-2001 when the complainant alongwith his son Mujahid Hussain was present in his house, Faisal Raza came to his house and asked the son of the complainant that he needed some lemon, so Mujahid Hussain his son and Faisal Raza both went towards the lemon garden to break some lemon, but when Mujahid Hussain son of the complainant did not return after elapse of considerable time, the complainant felt worried and went to the house of Faisal Raza for inquiry, where both of them were not available. Then the complainant alongwith Haji Muhammad Sharif and Muhammad Nadeem went to the garden of lemon for search of Mujahid Hussain, where in the light of the bulb they saw that Imran alias Goggi was committing unnatural offence with Mujahid Hussain whereas Sajjad alias Sajji and Sabir Masih armed with revolver while standing nearby were watching them and Faisal Raza was also present there. All the aforesaid persons or seeing them ran way from the spot, hence, this…
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