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HUSSAIN BUX versus STATE


Criminal Code (CRPC) Section 497 Criminal Code (XLV of 1860), Section 182 Qazf (Enforcement Limitation) Ordinance (VIII 1979), Section 7 Penalty under Section 182, PPC Guaranteed Section 7 Penalty (Enforcement) Hood) Ordinance, which was included in the case to be considered serious and non-bailable, was rejected by the police in such case.

1987 P Cr. L J 952

[Lahore]

Before Muhammad Asadullah, J

HUSSAIN BUX‑‑Petitioner

versus

THE STATE‑‑Respondent

Criminal Miscellaneous No. 987/ B of 1986, decided on 3rd November, 1986.

Criminal Procedure Code (V of 1898)‑‑

‑‑‑S.497‑‑Penal Code (XLV of 1860), S. 182‑‑Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979), S. 7‑‑Offence under S. 182, P. P. C . bailable‑ ‑Section 7 of Offence of Qazf (Enforcement of Hadd) Ordinance, having been added to make case serious and non‑bailable, such practice on part of Police deprecated‑‑Bail granted in circumstances.

Sardar Faiz Muhammad Khan Khosa for Petitioner.

Nasim Rashid for the State.

ORDER

I need not go into the details of the case. Suffice it to say that it is doubtful whether the provisions of section 182, P. P. C. will apply in this case. In any case that offence is bailable. The real thing to be seen is whether section 7 of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 is applicable to the case or not. It appears that the provisions of sections 3, 5 and 6 ibid do not apply to the case more so because the case might be covered within the exceptions mentioned in section 9 of the said Ordinance. It also appears that section 7 of the said Ordinance has been added to make the case serious and non‑bailable. Such a practice on the part of the police cannot be appreciated. However, the petitioner is entitled to bail. He is allowed bail in the sum of Rs.5,000 (Rupees five thousand only) with one surety in the like amount to the satisfaction of the Assistant Commissioner/ Duty Magistrate, D.G. Khan.

S.A./H‑5/L Bail granted.

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