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K.L.R. 1994 Criminal Cases 193

KHIZAR HAYAT Etc. vs THE STATE

CitationK.L.R. 1994 Criminal Cases 193
CourtLahore High Court
Case No.Cr. M. No. 135-B of 1994
Date1994-02-06
Judge(s)Muhammad Zubair
ResultN/A

S.M. ZUBAIR, J.- The petitioners who are involved in a case under Sections 354-A/148/149 PPC arising out of FIR No. 153/93, dated 21.9.1993, registered at Police Station Sahiwal, District Sargodha, seek to be admitted to bail.

2. Briefly the allegations against the petitioners are that they along with their co-accused held the victim from her hair and dragged her in the street. Thereafter they tore her clothes and exposed her to public view.

3. The learned counsel for the petitioners submitted that initially the case was registered under Section 354 PPC, later on, under the influence of the complainant party the offence was changed from Section 354 PPC to 354-A P.P.C; the alleged victim of the occurrence and the eye witnesses have sworn in affidavits dated 3.2.1994 to the effect that the occurrence did not happen in the manner as stated in the F.I.R, actually the victim and her son complainant could not recognise the real culprits and they have named the petitioners on suspicion. He further contended that the alleged victim is aged about 60 years, in that case no reasonable or prudent person would expose such an old lady to public view, hence the application of Section 354-A PPC is of doubtful character. In the presence of this material, the case against the petitioners is one of further inquiry, and they are entitled to the grant of bail.

4. The learned counsel for the State assisted by the Police Officer, has opposed this bail application on the ground that the petitioners are involved in a case which falls within the prohibitory clause, hence they are not entitled to the grant of bail.

5. In the presence of the affidavits referred to above, which are placed on the record of this case coupled with this fact that the lady is aged about 60 years, prima fade the case against the petitioners seems to be one of further inquiry, hence the petitioners are admitted to bail provided they furnish bail bond in the sum of Rs. 30,000/- (Rupees Thirty Thousand only) with one surety each in the like amount to the satisfaction of the A.C. Sargodha.

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