Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

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

Section: 11/16

Law: Penal Code (XLV of 1860)

Section: 342/147

Criminal Procedure Code (V of 1898) S. 497(2) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.11/16 Penal Code (XLV of 1860), S.342/147 Bail Two months' delay in lodging the F. I. R. was not plausibly explained Despite the alleged occurrence having taken place in broad daylight in a thickly. populated area, no independent person from the locality was cited or examined as a witness during the investigation to substantiate the allegation of forcible abduction Not a single male person from the family of the complainant went in pursuit of the alleged abductee or reported the matter to the police Abductee was not recovered from the accused, but she of her own accord had appeared at the police station on one fine morning No mark of violence was found on the person of the abductee Case against accused had necessitated further inquiry as contemplated under S.497(2), Cr.P.C. in circumstances and he was admitted to bail accordingly. THIS ORDER PASSED BY: MUHAMMAD ROSHAN ESSANI, JUSTICE:---.--- 1. Office objection is overruled. 2. The facts leading to present application for bail are that applicant/accused Hazar Khan alias Hazaro son of Punhal Shaikh is facing trial before the learned IInd Additional Sessions Judge, Sukkur under sections 11/16, Offence of Zina (Enforcement of Hudood) Ordinance, 1979 read with sections 342 and 147, P.P.C: The case arose out of F. I. R. No. 112 of 2001 of Police Station "A" Section, Sukkur. The brief facts of the prosecution case as disclosed in the F.I.R. lodged by one Mst. Pathani at Police Station "A" Section, Sukkur on 21 11 2001 are reproduced hereinbelow in extenso: "Complaint is that Mst. Qaima daughter. of Ghulam Rasool Leghari aged about 30/35 years is wife of my son Muhammad Hashim Leghari. She was married with my son Hashim according to rites of Islam about 15/16 years back. Out of the said wed lock she has three (3) daughters and one son. About 2 months back Mst. Qaima wife of my son went to the house of my daughter Gulzar wife of Muhammad Umar Leghari at Adam Shah Colony, Sukkur on a pleasure trip. After few days I went to Adam Shah Colony, Sukkur to the house of my daughter's husband to bring back Mst.…

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