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1987 P Cr. L J 410

MUNAWAR ALI vs THE STATE-

Citation1987 P Cr. L J 410
CourtLahore High Court
Case No.Criminal Miscellaneous No.963 of 1983
Date1983-05-14
Judge(s)Muhammad Rafique Tarar
ResultBail allowed

ORDER

Munawar Ali petitioner has moved this petition for bail in a case registered against him and others under sections 13 and 14 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. Criminal Miscellaneous No. 290-B of 1982 previously filed by him was dismissed by me on 17th November, 1982.

2. The prosecution version was that on 15th September, 1982 co-accused Mst . Shagufta was let on hire by co-accused Din Muhammad to Munawar Ali petitioner for the purpose of illicit intercourse.

The transaction was settled in the presence of Qasid Ali and Muhammad Saleem P . Ws.

3. In the earlier petition it was contended that Qasid Ali complainant has sworn an affidavit to the effect that he became a complainant in this case under the threats of Muhammad Shafiq A.S.I. The petition was, however, dismissed on the ground that if the complainant's version was kept out of consideration even then there remains the evidence of Muhammad Saleem P.W. The learned counsel now submits that both the alleged eye-witnesses namely Qasid Ali and Muhammad Saleem have sworn affidavits that they had not seen any such occurrence and were forced by the police to become eye-witnesses. Their affidavits have been placed on the file. Both of them are present in Court. Muhammad Alam, A.S. I.. Has identified them. In the circumstances, tire petitioner is admitted to in the sum of Rs. 10,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner, Lahore City.

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