ASMAT ULLAH KHAN Versus BAZI KHAN

ORDER

MUHAMMAD AFZAL ZULLAH, J.‑‑This petition is for leave to appeal from order dated 31‑2‑1988 of the Lahore High Court; whereby bail was allowed to respondent No.l in a case,inter alia of abduction triable, amongst others, under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.

2. The learned Single Judge in the High Court, .treating it as a case covered by subsection (2) of section 497, Cr.P.C.., allowed bail to respondent No.l. Several questions arise and need examination. They inter alia, are:‑

‑‑It seems that the Police Report relied upon by the learned Judge was submitted without the examination of the abductee by the Investigating Officer. It is not known whether the respondent was not accused by her of other offences also in addition to abduction;

‑‑the opinion of. the 'Police' in favour of the respondent, as it appears from the order of the learned Additional Sessions Judge, was not accepted by the said Court. Hence prima facie, it was not a case covered by subsection (2) of section 497, Cr.P. C.;

‑‑although the expression used in the impugned Judgment of the High Court is that it "needs further enquiry", yet no finding has been rendered with regard to the other conditions necessary to be fulfilled under subsection (2) of section 497, Cr.P. C. in addition to the fact that the case needs further enquiry.

3. This Court time and again has emphasized that mere possibility of further enquiry which exists almost in every criminal case, is no E ground for treating the matter as one under subsection (2) of section 497, Cr.P.C.

4. Leave to appeal is granted in order to examine the validity of the order of the High Court. Leave to appeal has already been granted in similar matter on 13‑1‑1986 in Cr. Petition No.108‑R of 1985. The appeal in this case shall be prepared on the present record with liberty to the parties to file additional documents. The State Counsel appearing at the time of the hearing of the appeal shall produce police file for perusal of the Court on that date. Warrants of arrest shall be issued against respondent No.l for his appearance in this Court.

5. Both these appeals shall be heard together at Rawalpindi. If, however, the appeal arising out of Criminal Petition No.108‑R of 1985 has already been disposed of, then the appeal arising out of this matter shall be heard at Lahore.

6. To be heard before the long vacations.

M.B.A.IA‑22415 Leave granted.