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2005 YLR 2532

REHMAT ALI vs THE STATE

Citation2005 YLR 2532
CourtLahore High Court
Case No.Criminal Miscellaneous No.1009-B of 2005
Date2005-02-24
Judge(s)Rustam Ali Malik
ResultBail. granted

ORDER

' The petitioner seeks bail after arrest in case F.I.R. No.278 of 2004 registered on 7-8-2004 in Police Station, City Narowal under sections 10 and 16 of the Offence of Zina (Enforcement of Hudood)

Ordinance, 1979.

2. The F.I.R. Was lodged by Mst. Khatoon Bibi complainant regarding abduction of her daughter-in- law Mst. Sarwari Bibi on 8-7-2004 by the accused. She also alleged that the accused had let off her daughter-in-law on 29-7-2004 and who had then told her that the accused had been committing Zina-bil-Jabr with her.

3. Arguments have been heard and record perused.

4. At the time of argument, it was pointed out by the learned counsel for the petitioner that although the alleged abductee was recovered on 29-7-2004, he was medically examined on 7-8- 2004; that she is a married lady; that there also appears to be inordinate delay in lodging the F.LR.

That the occurrence had taken place on 8-7-2004 while the matter was reported to the police a month later on 7-8-2004, that sufficient A explanation about the delay has not been offered; that on the face of it, it seems to be a case of elopement, rather than of abduction. But without undertaking deeper appreciation of evidence and which is not permissible at the bail stage, it is clearly a case of further enquiry into the guilt of the petitioner and he is thus entitled to the concession of bail. Therefore, this bail application is accepted and the petitioner namely Rehmat Ali is admitted to bail in the sum of Rs.50,000 with two sureties in the like amount, to the satisfaction of the learned trial Court.

Bail. Granted.

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