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MUHAMMAD NAWAZ versus STATE


Criminal Code of Conduct (CRPC) Section 497 Adultery In any other case, the applicant has, in the circumstances, allowed bail.

1987 P Cr. L J 1267

[Lahore]

Before Muhammad Rafiq Tarar, J

MUHAMMAD NAWAZ‑‑Petitioner

versus

THE STATE‑‑Respondent

Criminal Miscellaneous No. 687/B of 1987, decided on 18th March, 1987.

Criminal Procedure Code (V of 1898)‑‑

‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10 & 16‑‑Bail, grant of‑‑Petitioner in jail for a continuous period exceeding one year yet trial not commenced‑‑Petitioner previously never involved in any other case‑‑Petitioner allowed bail, in circumstances.

Salamatullah Sheikh for Petitioner.

Zafar Yaseen for the State.

ORDER

This is a petition for bail on behalf of Muhammad Nawaz petitioner who is involved in a case under sections 10, 11 and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.

2. Bail is claimed on the ground that the petitioner is in jail for a continuous period exceeding one year and his trial has not concluded. Learned counsel further submits that the petitioner was never involved in any other case. On instructions from the Sub‑Inspector who has appeared with record, the learned State counsel concedes that the trial has not so far commenced. The contention of the learned counsel that the petitioner was not previously involved in any other case has not been controverted. The petitioner was arrested on 18‑1‑1986 and is in jail since then. In the circumstances a case for the enlargement of the petitioner is made out, therefore, I admit him to bail in the sum of Rs.25,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner, Jaranwala.

S.G.D./M‑109/L Bail allowed.

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