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.2128-B of 1986, decided on 13th August, 1986.
---S.497/498--Offence of Zina (Enforcement -of Hudood) Ordinance (VII of 1979), S.10--Bail--Accused in jail for last nine months and trial not yet started--No eye-witness existing against accused to state that he had seen him committing rape--Prosecutor solitary witness against accused--Bail granted.
Rana Shaukat Ali Khan for Petitioner
Abdullah Khalid for the State. .
Mst. Nergis, prosecutrix in this case, lodged F.I.R. No.175, dated 10-11-1985, alleging that in the morning at about 4/5 a.m she went to the field for easing herself where the petitioner allegedly came and forcibly committed rape with her. She was coming out of the field after occurrence when her father Muhammad Ashraf, Ghulam Muhammad and Nisar Ahmad also arrived. The petitioner was arrested on 12-11-1985 and since then he is in jail. The medical examination of the prosecutrix revealed that she is old case of sexual intercourse and that the result of swabs of the prosecutrix has not yet been received, from the office of the Chemical Examiner. The challan is stated to have since been put in Court and no evidence has so far been recorded. The petitioner applied for the grant of bail but remained unsuccessful, hence this petition.
2. I have heard the learned counsel for the petitioner as well as for the State and also perused the record.
3. The petitioner is in jail for the last nine months and his trial has not so far commenced. There is no eye-witness against the petitioner who has seen committing rape. The prosecutrix is the solitary witness against him. In the circumstances I feel inclined to allow this petition. He be released on bail subject to his furnishing bail bond in the sum of Rs.10,000 with one surety in 'the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, Gujranwala.
M.Y.H Bail granted
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer