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Criminal Miscellaneous No.1829/B of 1987, decided on 23rd June, 1987.
---S.497--Penal Code (XLV of 1860), S.452--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.18--Bail, grant of--Offence prima facie falling under Ss.354 & 452, P.P.C.--Offence under S.354 being bailable and other not falling under prohibitory clause, bail granted to petitioners.
Khizar Abbas Khan for Petitioners.
Bashir Baig for the State.
Muhammad Iqbal Sargana for the Complainant.
Iqbal and Manno petitioners have moved this petition for bail in a case registered against them under section 452 PPC and Article 18 of Ordinance VII of 1979.
2. The prosecution version is that on 9-4-1987 both the petitioners trespassed into the house of Faqir Muhammad complainant, outraged the modesty of his wife Mst.Kaneez and dragged her towards the wheat field with intent to commit Zina-bil-Jabr with her. Faqir Muhammad complainant, Noor Muhammad and Muhammad Iqbal saw the petitioners dragging her towards the said field.
3. Learned counsel for the petitioners contends that the case is absolutely false and if the petitioners wanted to commit Zina with Mst. Kaneez, there was no better place for that purpose than the house of the complainant where she was all alone. He further submits that the FIR is delayed by 26 hours, and this case was brought as a defence to the abduction of Mst. Parveen by Ahmad Nawaz, brother of Faqir Muhammad complainant.
Learned counsel for the complainant has opposed the prayer for bail. He submits that it is a case of sheer highhandedness and the petitioners are not entitled to the grant of bail.
4. I have considered the submissions made by the learned counsel for the parties. The allegations, prima facie, show the commission o offences under sections 354 and 452 of the PPC. Offence under section 354 PPC is bailable and offence under section 452 PPC does not for in the prohibitory clause of section 497 of the Cr.P.C. I, therefore, admit the petitioners to bail in the sum of Rs.20,000 each with two sureties each in the like amount to the satisfaction of A. C . Shorkot.
S.A./I-29/L Bail granted
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