1994 P Cr (PLP)

S, 497

Penal Code (XLV of 1860), S.365/420

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10/11/16

Bail, grant of

Offences under Ss.10 11 & 16 of Ordinance had allegedly taken place at Karachi and Police Station Manga Mandi, District Lahore, therefore, had no jurisdiction to register the case in respect of the same

Victim according to F.I.R. itself had been taken to Karachi with her consent by the accused with the promise of taking her for Hajj

Case against accused in circumstances was one of further inquiry

Offence under S.420, P.P.C. was bailable and the accused was neither a previous convict nor a hardened criminal

Accused was allowed hail accordingly. Ch. Muhammad Ashraf Bajwa for Petitioner. Muhammad Rafi Siddiqui for the State. Date of hearing: 20th November, 1993. The petitioner is accused of offences under sections 365 and 420, P.P.C. read with sections 10, 11 and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, vide F.I.R. No.102/93 dated 20-4-1993, registered at Police Station Manga Mandi, District Lahore.

2. The learned counsel for the petitioner and the State were heard at length in respect of the contentions raised herein. It has been taken notice of that the offences under sections 10, 11 and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 are alleged to have taken place at Karachi and that as such the contention raised on behalf of the petitioner at Bar that the police station in question, i.e. Manga Mandi, had no jurisdiction to register the case in respect of the said offences, is made out and the case of the petitioner is duly covered under the provisions of subsection (2) of section 497, Cr.P.C. Further taking into consideration that, as stated in the F.I.R., the A alleged victim was taken to Karachi with her consent with the promise of taking her for Hajj by the accused/petitioner, it is observed that in respect of the said allegation as well the case of the petitioner is one of further inquiry, and further taking into consideration that the offence under section 420, P.P.C. is bailable, the petitioner is hereby held to be entitled to bail, under the circumstances highlighted above. It was further confirmed on behalf of the State that the petitioner is neither a previous convict nor a hardened criminal.

3. Therefore, the petitioner is hereby allowed bail in the sum of 8 Rs.70,000 with two sureties in the like amount to the satisfaction of the A.C./Duty Magistrate, Saddar, Lahore. N.H.Q./M-1335/L Bail allowed.