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K.L.R. 1987 Shariat Cases 41

HUSSAIN BAKHSH vs THE STATE

CitationK.L.R. 1987 Shariat Cases 41
CourtLahore High Court
Case No.Criminal Misc. No. 987-B of 1986
Date1986-11-03
Judge(s)Sheikh Muhammad Asadullah
ResultN/A

ORDER

1. Sheikh Muhammad Asadullah, J.-I need not go into the details of the case. Suffice it to say that it is doubtful whether the provisions of Section 182 PPC will apply in this case. In any case that offence is bailable. The real thing to be seen is whether section 7 of the Offence of Qazaf (Enforcement of Hadd) Ordinance, 1979 is applicable to the case or not. It appears that the provisions of sections 3, 5 and 6 ibid do not apply to the case more so because the case might be covered within the ex emptions mentioned in section 9 of the said Ordinance. It also appears that section 7 of the said ordinance has been added to make the case serious and non- bailable. Such a practice on the part of the police can not be appreciated. However, 'he petitioner is entitled to bail. He is allowed bail in the sum of Rs. 5,f00 (Rupees Five Thousand only) with one surety in the like amount to the satisfaction of the Assistant Commissioner/Duty Magistrate D. O. Khan.

2. Copy dasti on payment of usual charges.

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