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MUHAMMAD BASHIR versus THE STATE


He was annoyed by the interview that appeared in an Urdu daily published in Sections 107, 117 and 561 of the Code of Criminal Procedure (CCPC), one after another. Who supported the argument that the police had taken legal action against the accused and this was because the cases were controlled.
1987 M L D 1211

[Karachi]

Before Abdul Qadeer Chaudhry, Actg. C.J.

ZAFAR ALAM--Applicant

Versus

THE STATE--Opponent

Criminal Bail Application No. 1376 of 1986, decided on 10th September, 1986.

Criminal Procedure Code (V of 1898)--

---S. 497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 17(3)--Bail, grant of--Petitioner facing trial under S. 17(3) of Hudood Ordinance, absented himself from proceedings twice for a total period of three years--Petitioner having misused concession of bail twice, bail declined, in circumstances.

Faizanul Haq for Petitioner.

A.A. Muhammadally, A.A.-G. for the State.

ORDER

The applicant is facing trial under section 17(3) of Hudood Ordinance. He absented himself from the proceedings and non-bailable warrants were issued against him. He appeared before the Court. He remained absent for a period of six months and the Court condoned the absence. But again on 10-3-1984 the applicant absconded and did not attend the Court. He appeared on 1-9-1986 and for the second time he remained absent for 2-1/2 years. Thus, he has misused the concession of bail twice. On such grounds his application was rejected by the learned Additional Sessions Judge and I see no reason to interfere with the said order as the applicant did not care to attend the Court.

The application is dismissed.

S.A./Z-17/K Bail refused.

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