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(K.L.R. 1994 Shariat Cases 55)

MUHAMAD NAWAZ vs THE STATE

Citation(K.L.R. 1994 Shariat Cases 55)
CourtLahore High Court
Case No.Criminal Misc. No. 4488-B of 1993
Date1994-02-02
Judge(s)Sajjad Ahmad Sipra
ResultN/A

ORDER

SAJJAD AHMAD SIPRA, J.- The petitioner is one of the accused in a case registered vide F.I.R. No.382, dated 1.8.1992 under sections 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 read with sections 324,148, 149 and 380 PPC, at Police Station Samundari, District Faisalabad.

2. The learned counsel for the petitioner and the State were heard in respect of the contentions raised herein. Admittedly, the petitioner was not named in the F.I.R., and it had only been stated by the complainant that in addition to the persons named therein, 3/4 other persons were also accompanying the said accused but no identification parade has been held in respect of the present petitioner, nor the statement of the alleged abductee had been recorded under the provisions of section 164 Cr.P.C. It was further confirmed on behalf of the State that the only evidence against the petitioner is to the effect that the alleged abductee has named him as one of the accused in her statement before the police under section 161 Cr.P.C. Therefore, it is hereby held that under the facts and circumstances highlighted above, the case of the petitioner is one of further inquiry under the provisions of sub-section (2) of section 497 Cr.P.C. It was further confirmed on behalf of the State that the petitioner is neither a previous convict nor a hardened criminal and that he has been in judicial custody for almost nine months and is no longer required by the police.

3. Therefore, the petitioner is hereby allowed bail in the sum of Rs.30,000/- with two sureties each in the like amount to the satisfaction of the A.C./Duty Magistrate, Samundari District Faisalabad.

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