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2006 YLR 730

SAJID ALI vs THE STATE

Citation2006 YLR 730
CourtLahore High Court
Case No.Criminal Miscellaneous No.5317-B of 2005
Date2005-07-27
Judge(s)Rustam Ali Malik
ResultBail granted

ORDER

' RUSTAM ALI MALIK, J.---The petitioner seeks bail after arrest in case F.I.R. No.105 of 2005 registered on 13-3-2005 in Police Station Malikwal, District Mandi Bahauddin under section 10/7/79 Offence of Zina (Enforcement of Hadood) Ordinance, 1979 and sections 338-A/ 511/ 109, P.P.C.

2. The F.I.R. Was lodged by Allah Ditta complainant alleging therein that Muhammad Sajjad accused had committed Zina-bil-Jabr with his sister Mst. Shakila Bibi while she had gone out of the village to ease herself.

3. According to the prosecution story, the occurrence was witnessed by Muhammad Fazal and Faiz Muhammad P.W. And on seeing them the accused had allegedly fled away. It is surprising that neither they nor the victim herself had informed the complainant at the relevant time. According to the contents of the F.I.R., the occurrence had taken place 1-1/2 or 2 months before the registration of the F.I.R. The alleged victim was medically examined on 1-4-2005 and the woman Medical Officer found her pregnancy as old as seven months. Although deeper appreciation of evidence is not possible at the bail stage, yet, even on tentative assessment, it is clearly a case of further inquiry 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 is admitted to bail in the sum of Rs.50,000, with one surety in the like amount, to the satisfaction of the learned trial Court. . revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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