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Criminal Miscellaneous No. 1480‑B of 1986, decided on 14th October, 1986.
‑‑‑S. 497(5)‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 18‑‑Bail, cancellation of‑‑Police finding case against accused, doubtful‑‑Opinion of police based on sound material‑‑Exercise of discretion by Trial Court in allowing bail to accused, held, was proper‑ Cancellation of bail declined in circumstances.
Muhammad Ghulam Ali Mubasher for Petitioner.
Talib H. Rizvi for Respondents.
This is a petition by Mst. Fazeelat Bibi for cancellation of bail against Muhammad Nawaz who is accused of offence under section 18, Ordinance VII of 1979. It is alleged in the F.I.R. by Mst. Fazeelat Bibi that she was employed as a mid‑wife in Civil Hospital, Joharabad. Her husband is employed in a Jute Mills and had gone to Mitrowal. She was alone in the house. On 5‑4‑1986 at about 11‑30 p.m. there was knock at her door. She opened the door and found Muhammad Nawaz Dispenser Civil Hospital, Joharabad present there. He told her that there was a delivery case in the hospital and as such she was required there. She accordingly went inside the room to bring a lock. Muhammad Nawaz also entered the room and bolted the same from inside. He asked her to remove Shalwar. She refused. He took out a knife and cut the string of her Shalwar to commit rape on her. She raised alarm. As per chance her husband Muhammad Hanif and Shah Muhammad P.W. came there. They caught Muhammad Nawaz accused and gave him fist and kick blows. He was apprehended at the spot. After registration of the case Muhammad Nawaz accused was arrested. He was allowed bail by learned Sessions Judge, Khushab on the ground that according to the D.S.P. the case against him was doubtful. Hence this petition for cancellation of bail. It is contended on behalf of the petitioner that the / accused was arrested at the spot and produced before the police and that the opinion of police was not based on sound material. On the other hand it is stated by the learned counsel for respondent No.1 that the accused had gone to call Mst. Fazeelat for duty in hospital. He was given beating with mala fides there and has been falsely implicated in this case. It is argued that he was found innocent and rightly allowed bail by the Court.
2. I have heard the learned counsel for the parties and have seen the police file as well. Muhammad Nawaz produced defence witnesses who made statements in support of his innocence. On a perusal of the police file I am of the opinion is based on sound material and as such he was allowed bail in proper exercise of discretion by learned Sessions Judge Khushab. This petition is accordingly dismissed.
Any observation on facts of this case will have no bearing on merits of the case during trial.
S.A. /F‑1/L Bail granted.
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