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SHER BAZ versus THE STATE


Prohibition of murder of a person under Section 302 Proof of Act (Constitution of 1872), Section 32 dying declaration, the probable value of a true and true dying declaration which has been held, section 302, PPC It can be prosecuted without any coercion to punish.
1987 M L D 1653

[Lahore]

Before Riaz Ahmad, J

MUHAMMAD IQBAL--Petitioner

Versus

THE STATE--Respondent

Criminal Miscellaneous No. 608/B of 1987, decided on 1st June, 1987.

Criminal Procedure Cede (V of 1898)--

---S.497/498--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10 & 11--Bail, grant of--Facts of case disclosing that accused informed police about abduction of abductee girl by main accused persons who were consequently apprehended by police--More than ten months elapsed since accused was arrested--Commencement of trial not likely to take place in near future--Bail granted in circumstances.

Hasnat Ahmad Khan for Petitioner.

Masud-ul-Hassan Sabri for the State.

ORDER

The perusal of the facts of the case disclose that the role of the petitioner Iqbal was that he informed the police about the abduction of the abductee by Dildar and in consequence of that information the police apprehended the abductee and Dildar from Kabirwala Bus Stop.

It is urged by the learned counsel for the petitioner that the petitioner Iqbal had done this because the co-accused of the abductee belonged to .the village of Iqbal. According to the learned counsel for the petitioner the abductee has made a futile attempt to involve the petitioner Iqbal. It is further submitted that the medical examination of the abductee reveals that she was pregnant and the main accused in this case was Dildar. Khadim Hussain co-accused of the petitioner was also found innocent by the police. In this case I have called for a report from the Sessions Judge, Khushab, as to when the trial in this case would be commencing. It has been reported that there is no Additional Sessions Judge working at Khushab and there are more than 79 Sessions cases and 61 Hadood cases are pending in the District. According to the report of the learned Sessions Judge, the trial is likely to commence in October, 1987. More than 10 months have elapsed since the petitioner was arrested. In this view of the8 matter, I will direct that the petitioner shall be released on bail provided he furnishes security in the sum of Rs. 50,600 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of Assistant Commissioner, Khushab.

M.Y.H./M-228/L Bail granted.

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