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ZAFAR ALI ALIAS MASTANA versus STATE


Criminal Code of Conduct (CR PC) Sections 497 (XLV of 1860), Sections 324, 354 and 452 bail, granting the accused to enter the complainant's home, to forcibly commit adultery with his / her Panchayat An attempt was made to look into the matter. The panchayat is recording a copy of their affidavit ending their involvement in falsification of the accused who accepted the panchayat decision, which was originally presented before the Additional Sessions Judge.

1987 P C r. L J 117

[Lahore]

Before Sardar Muhammad Dogar, J

ZAFAR ALI alias MASTANA--Petitioner

versus

THE STATE--Respondent

Criminal Miscellaneous No. 2952/B of 1986, decided on 4th November, 1986.

Criminal Procedure Code (V of 1898)-

---S. 497--Penal Code (XLV of 1860), Ss. 324, 354 & 452--Bail, grant of--Accused allegedly entering house of complainant, forcibly tried to commit Zina with her--Panchayat constituted to look into matter--Twelve members of Panchayat recording their conclusion of false involvement of accused--Complainant accepting decision of Panchayat by placing copy of her affidavit, original having placed before Additional Sessions Judge--Bail granted in circumstances.

Mian Abdul Khaliq for Petitioner.

Muhammad Naeem for the State.

ORDER

The petitioner who has been arrested in a case registered against him at Police Station Factory Area, Lahore under sections 324, 354 and 452, P.P.C, seek bail, inter alia, on the grounds, that he has been involved falsely, that during the investigation a Panchayat was constituted to look into the matter, and the Panchayat came to the conclusion that the petitioner was falsely involved. In that connection some twelve persons who were said to be members of the Panchayat, recorded their conclusion, photostat copy of which has been placed on record of this petition. A photostat copy of the affidavit of Mst. Rehana Kausar, the victim, has also been placed on record. It is stated that the original affidavit was produced at the time of hearing of bail petition by the learned Additional Sessions Judge.

Mst. Rehana Kausar in her affidavit has accepted the verdict of the Panchayat, wherein the petitioner was said to have taken oath on Qur'an.

Although, allegations against the petitioner had been levelled in the F.I.R. of having entered the house of the complainant forcibly anal of having tried to commit Zina with her on dagger point, but in view of the facts noted above and particularly in view of the fact that the victim herself seems to be inclined to pardon the petitioner. I am inclined to grant bail to the petitioner. He shall be released on furnishing bail bond in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of the Assistant Commissioner, Model Town, Lahore.

S.A. Bail granted.

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