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2000 YLR 35

Mst. SARWAR BIBI vs THE STATE

Citation2000 YLR 35
CourtLahore High Court
Case No.Criminal Miscellaneous No, 69-B of 1999
Date1999-01-25
Judge(s)Mian Muhammad Najum-uz-Zaman
ResultBail allowed

ORDER

' Petitioner seeks her post-arrest bail in case F.I.R. No, 529/1998, dated 18-10-1998 registered under section 16/7/79 of Islamic Law at Police Station, Harappa, District Sahiwal.

2. Precise allegation against the petitioner as alleged in the F.1.R. Is that on 12-8-1998 at about 9-00 p.m., she was abducted by Zahoor Ahmad, her co-accused, and during subsistence of her earlier marriage with one Muhammad Ibrar, consistently was indulged in offence of Zina with Zahoor Ahmad, her co-accused.

3. Learned counsel for the petitioner submits that there is two months' unexplained delay in lodging the F.I.R. Further submits that the petitioner is wife of Zahoor Ahmad, her co-accused and the allegation of Zina is false. Copy of Nikahnama has been placed on file. The learned counsel lastly contends that the petitioner is not only a woman but also a pregnant lady, hence, her case falls within the ambit of first proviso of section 497, Cr.P.C., and she is entitled to the concession of bail.

4. Learned State Counsel has vehemently opposed the grant of bail.

5. I have heard learned counsel for the parties and gone through the record minutely.

6. Allegedly occurrence took place on 12-8-1998 and the report was lodged on 18-10-1998 the unexplained delay of more than two months in lodging the F.I.R. Itself is sufficient to bring the case of the petitioner within the ambit of further enquiry. Even otherwise, petitioner is a woman and is a pregnant lady, so, her case is also covered under first proviso of section 497(1), Cr.P.C.

7. In the circumstances of this case petitioner is admitted to bail subject to furnishing bail bonds to the tune of Rs,50,000 with two sureties each in the like amount to the satisfaction of trial Court.

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