Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

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

Section: 10,18

Criminal Procedure Code (V of 1898)------- ----S. 497(2)---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10/18---Bail, grant of---Further inquiry-- Allegation against accused contained in F.I.R. was that he had forcibly taken the complainant to maize crop field and there he removed her Chaddar and made her to lie on the ground and put his hand on her mouth and on her noise sons of accused who were present in the nearby fields were attracted to the spot and on seeing them accused ran away---Said allegation even if taken as true in its entirety, did not constitute attempt to commit Zina-bil-Jabr as there was nowhere mentioned in the F.I.R. that either the accused had removed his clothes or had mounted on victim to actually attempt to commit Zina-bil-Jabr with her---Delay of 17 days took place in lodging F.I.R. ---Accused was behind the bars for the last about five months and stated to be previous non convict---Case against accused being covered under S.497(2), Cr. P. C. he was admitted to bail. THIS ORDER PASSED BY: CH. IFTIKHAR HUSSAIN, JUSTICE---.--- The petitioner Gulzar Ahmad ids applied for after-arrest bail in case F.I.R. No.179 dated 2-5-2002, under section 18/10, Offence of Zina (Enforcement of Hudood) Ordinance No.VII of 1979, Police Station Noor Shah, District Sahiwal. 2. Briefly the prosecution case as per F.I.R. is that he on 17-4-2002 at about 11/12-00 noon had attempted to subject complainant Mst. Saban Bibi to Zina-bil-Jabr. 3. It has been contended on his behalf that he has falsely been roped in; that there is delay of 17 days in lodging the F.I.R. without any reasonable explanation; that he is behind the bars for the last more than five months; and that he is previous non…

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