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NOOR BIBI versus STATE,


Criminal Code of Conduct (CRPC) Section 497 Forced to Increase the Scope of a Guaranteed Individual within the Prohibition of Adulteration List of 6 persons, other than falling within the Prohibited Readiness to Bail, in Section H Submitted to the court, the amended jurisdiction amended in the relevant order confirming the credentials of the three persons, means that the above three persons within the prohibited degree or by any of the other persons concerned. Be released on bail on providing security.

1986 M L D 1696

[Lahore]

Before Khizar Hayat, J

Mst. NOOR BIBI‑‑Petitioner

Versus

THE STATE‑‑Respondent

Criminal Miscellaneous No.1913‑B of 1986, decided on 6th August 1986.

Criminal Procedure Code (V of 1898)‑‑

‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10 & 11‑‑Bail, grant of‑‑Scope of bail order‑‑ Revisional jurisdiction‑‑Bail granted to accused by Additional Sessions Judge subject to furnishing surety by a person within prohibited degree‑‑Petition filed for enlargement of scope of bail order‑‑List of six persons, other than falling within prohibited degree prepared to stand surety, submitted in Court‑‑S.H.O. of Police Station concerned verifying credentials of three persons‑‑Impugned order was modified in exercise of revisional jurisdiction, to mean that accused be released on bail on furnishing security by any of aforementioned three persons or others related to her within prohibited degree.

Malik Muhammad Ashhab for Petitioner.

Ch. Muhammad Mansha for the State.

Date of hearing: 6th August, 1986.

JUDGMENT

Mst. Noor Bibi, petitioner, was arrested in a case registered against her under sections 10 and 11 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979, vide F.I.R. No.189, dated 15‑7‑1985 at Police Station Renala Khurd. She was allowed bail by Additional Sessions Judge II, , Okara, void order, dated 28‑5‑1986, observing that the petitioner would be "released on bail furnished by the person within the prohibited degree". Feeling aggrieved of this observation the instant revision petition has been filed.

2. It is stated that the scope of the bail order as to person who can furnish bail for securing the release of the petitioner may be 'enlarged. Learned counsel submitted a list of six persons saying that they are honest and respectable persons who are prepared to stand surety for the petitioner. I had summoned the S.H.O. to verify if the persons mentioned in the above‑said list are really honest, respectable and responsible gentlemen of the locality. S.I. Noor Muhammad, Additional S.H.0. Police Station Renala Khurd has verified the credentials of Shahadat Ali, Muhammad Zafar and Muhammad Hussain Shah.

3. In the above circumstances, I would, in the exercise of my revisional ‑jurisdiction, modify the impugned order to mean that the petitioner may be released on bail on furnishing security by any of the aforementioned three persons or others who are related to her within the prohibited degree. With this modification in the impugned order, this petition is disposed of.

S.A. Petition accepted.

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