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1995 P Cr. L J 625

SULTAN vs THE STATE

Citation1995 P Cr. L J 625
CourtLahore High Court
Case No.Criminal Miscellaneous No,1480/B of 1994
Date1994-10-12
Judge(s)Riaz Hussain
ResultBail allowed

ORDER

' The petitioner seeks bail in a case F.I.R. No, 272/94 dated 28-7-1994 under section 16-7-1979 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 registered at Police Station Dera Rahim, District Sahiwal.

2. The allegation against the petitioner is that he, alongwith Falak Sher, Bashir Naseer and Sultan, forcibly lifted the complainant's wife, Mst. Waziran, put her in a wagon and took her away. The complainant's father, Abdul, and his sister, Mst. Fatima, and some other villagers witnessed the occurrence.

3. Learned counsel for the petitioner submits that according to the F.I.R., the petitioner was not armed with any weapon that there is no evidence of commission of Zina and that the matter was reported after about 22 days of the occurrence.

4. Learned counsel for the State opposes the bail application.

5. I have heard learned counsel for the parties and perused the record. The admitted position is that the petitioner was not equipped with any weapon. The FIR was lodged after an inordinate delay of about 22 days, for which no reasonable explanation has been furnished. The offence does not fall within the prohibition contained in subsection (1) of section 497, Cr.P.C.

6. For the foregoing reasons, the petitioner is admitted to bail on his furnishing bail bonds in the sum of Rs,50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of A.C./Duty Magistrate Sahiwal.

Cited by 3 cases

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