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K.L.R. 1994 Criminal Cases 46

MALLAH vs THE STATE

CitationK.L.R. 1994 Criminal Cases 46
CourtLahore High Court
Case No.Criminal Misc. No. 3793/B of 93
Date1993-11-20
Judge(s)Sajjad Ahmad Sipra
ResultN/A

ORDER

SAJJAD AHMED SIPRA, J.- The petitioner is accused of offences under Sections 365 and 420 PPC read with Sections 10,11 and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, vide FIR No.102/93 dated 20.4.1993, registered at Police Station Manga Mandi, District Lahore.

2. The learned counsel for the petitioner and the State were heard at length in respect of the contentions raised herein. It has been taken notice of that the offences under Sections 10,11 and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 are alleged to have taken place at Karachi and that as such, the contention raised on behalf of the petitioner at bar that the police station in question, i.e. Manga Mandi, had no jurisdiction to register the case in respect of the said offences, is made out and the case of the petitioner is duly covered under the provisions of Sub- Section (2) of Section 497 Cr.P.C. Further taking into consideration that, as stated in the FIR, the alleged victim was taken to Karachi with her consent with the promise of taking her for Hajj by the accused/petitioner, it is observed that in respect of the said allegation as well the case of the petitioner is one of further inquiry; and further taking into consideration that the offence under Section 420 PPC is bailable, the petitioner is hereby held to be entitled to bail, under the circumstances highlighted above. It was further confirmed on behalf of the State that the petitioner is neither a previous convict nor a hardened criminal.

3. Therefore, the petitioner is hereby allowed bail in the sum of Rs. 70,000/- with two sureties in the like amount to the satisfaction of the A.C./Duty Magistrate Saddar Lahore.

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