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K.L.R. 2003 Criminal Cases 79

Shahadat vs The State

CitationK.L.R. 2003 Criminal Cases 79
CourtLahore High Court
Case No.Crl. Misc. No. 4454-B of 2001
Date2001-09-10
Judge(s)Bashir A. Mujahid
ResultPetition Allowed

ORDER

1. BASHIR A. MUJAHID, J.-- Shahadat son of Manak has been arrested in case FIR No. 599, dated 28.10.2000 registered with P.S. Tandlianwala under .Section 10(2) of Offence of Zina (Enforcement of Hudood) Ordinance, 1979, at the instance of Rajab Ali, with the allegation that the petitioner had developed illicit relations with Mst. Pathani, wife of the complainant and an 24.10.2000 at 10.00 a.m., the complainant saw the present petitioner and Mst. Pathani in compromising position in his house.

2. 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, ln the morning Mst.

3. Pathani also left the house of the complainant.

4. After arrest bail was refused to the petitioner by the learned Addl. Sessions Judge, Faisalabad camp at Tandlianwala vide order dated 1.8.2001.

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

6. The FIR was lodged with four days un-explained delay.

7. The petitioner was arrested on 30,0.2000 and no material progress has been made so far in conclusion of the trial. AII 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 persuaded to allow this petition and admit the petitioner to bail subject to his furnishing bail bonds in the sum of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the Trial Court.

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