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2001 YLR 2840

SHAHADAT vs THE STATE

Citation2001 YLR 2840
CourtLahore High Court
Case No.Criminal Miscellaneous No, 4454/B of 2001
Date2001-09-19
Judge(s)Bashir A. Mujahid
ResultBail granted

ORDER

1. ' Shahadat son of Manak has been arrested in case F.I.R. No, 599, dated 28-10-2000 registered with Police Station Tandalianwala under section 10(2) of Offence of Zina (Enforcement of Hudood)

2. Ordinance, 1979, at the instance of Rajah Ali, with the allegation that the petitioner had developed illicit relations with Mst. Pathani, wife of the complainant and on 24-10-2000 at 10-00 a.m., the complainant saw the present petitioner and Mst. Pathani in compromising position in his house. He raised hue and cry which attracted Muhammad Saleem and Muhammad Anwar, brothers of the complainant. They tried to apprehend the petitioner but he escaped. In the morning Mst. Pathani also left the house of the complainant.

3. ' After arrest bail was refused to the petitioner by the learned Additional Sessions Judge, Faisalabad Camp at Tandalianwala vide order, dated 1-8-2001.

4. ' Learned counsel for the petitioner and for the State have been heard exhaustively.

5. The F.I.R. Was lodged with four days' unexplained delay. The petitioner was arrested on 30-10-2000 and no material progress has been made so far in conclusion of the trial. All the alleged eye- witnesses of the occurrence are real brothers. Prima facie, the allegation has not been corroborated by any other independent witness. No useful purpose can be served by keeping the petitioner behind the bars for an indefinite period, therefore, I am pursuaded to allow this petition and admit the petitioner to bail subject to his furnishing bail bonds in the sum of Rs,50,000 withtwo surieties each in the like amount to the satistaction of the trial Court.

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