Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Criminal Miscellaneous No. 1485/B/BWP of 1984, decided on 20th November, 1984.
---S. 497--Penal Code (XLV of 1860), S. 354--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10/18 Case originally registered under S. 345, P.P.C.--No allegations of attempt to commit rape made in report under S. 173, Cr.P.C.--Eye-witnesses also not supporting such allegations against accused--Bail granted.
R.A. Ghauri for Petitioner.
M.A. Hameed for the State.
This is an application for bail on behalf of Nazar Hussain petitioner in a case under section 354, P.P.C. and section 10/18 of the Offence of Zino (Enforcement of Hudood) Ordinance, 1979 registered at P.S. Taranda Muhammad Panah, vide F.I.R. No. 84/84.
2. According to the F.I.R., the prosecution case was that the petitioner criminally assaulted Mst. Bashiran, caught hold of her breasts and tried to commit rape upon her after having untied her trouser.
3. Learned counsel for the petitioner submits that the eye-witnesses in their statements recorded under section 161, Cr.P.C. have not supported the allegations of attempt to commit rape and at the worst, the act of the petitioner would fall within the purview of section 354, P.P.C. Conversely, the learned counsel for the State has opposed the plea for bail of the petitioner.
4. I have considered the arguments advanced by the learned counsel for the parties with care I find that originally the case was registered under section 354, P.P.C.; that in report under section 173, Cr.P.C., there are no allegations of attempt to commit rape, that the eye-witnesses namely Mst. Mannan, Ghulam Akbar and Gehna have not supported the allegations of attempt to commit rape.
5. For what has been stated above, without making expression o opinion lest it may prejudice the merits of the case. I feel inclined to admit the petitioner to bail in the sum of 88.10,000 with one surety in the like amount to the satisfaction of A.C /Duty Magistrate. Liaqatpur.
S.A. Bail granted.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer