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NASRULLAH ALIAS NASRA versus THE STATE


An offense of section 561A and 265 adultery (Enforcement Hood Ordinance (VII of 1979)), by removing the section 10/16 trial without direct reference to the High Court 5 265 K, CR PC, Should the jurisdiction be requested, request to cancel the proceedings already pending as an adult for transfer to the trial court
1987 M L D 1030

[Lahore]

Before Gulbaz Khan, J

MUHAMMAD HAYAT--Petitioner

Versus

THE STATE--Respondent

Criminal No. 793-B of 1984, decided on 29th Aprilf 1984.

Criminal Procedure Code (V of 1898)--

---S. 497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) Ss. 10, 11 & 16--Bail--First information report lodged with a delay of four days--Abductee producing Nikahnama of her marriage with accused and stating that she was not abducted but she left her father's house for contracting marriage with accused to whom she was engaged--Case against accused one of further inquiry--Bail granted.

Ch. Ghaus Muhammad for Petitioner.

Altaf Muhammad for the State.

ORDER

Admittedly, there is a delay of four days in lodging the F.I.R. of this case. The occurrence took place on the night between 21/22 April, 1983 whereas the case was registered, on 25-4-1983. The petitioner has placed on record a copy of Nikatinama whereby Mst. Jannat Bibi was married to the petitioner on 27-4-1983. Affidavit of Man Jannat Bibi, dated 27-4-1983 has also beep placed on record wherein she stated that she was engaged with Muhammad Hayat petitioner and she had left the house of her parents and went to Muhammad Hayat petitioner for contracting a marriage. She further stated that she was not abducted by anybody. Mst. Jannat Bibi filed a suit for jactitation of marriage in January, 1984, stating that she was never married to Nasir Ali and the said Nikahnama was a forged document. In view of the circumstances, it becomes a case of further - enquiry. The petitioner is admitted to bail in the sum of Rupees twenty thousand with one surety in the like amount to the satisfaction of the trial Court.

M.Y.H. Bail granted.

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