LAL Versus SAJJAD

ORDER

Respondent No.1 is an accused in case F.I.R. No.268 of 1996, dated 8‑7‑1996, registered at Police Station Harrapa, District Sahiwal. He was admitted to pre‑arrest bail in the case by the Additional Sessions Judge, Sahiwal, on 21‑7‑1996. By way of this application under section 497(5), Cr.P.C., the complainant prays that the bail be recalled on the ground that there is prima facie a case against the petitioner and that the necessary ingredients, viz. mala fide of the police, is not available in the present case.

2. On behalf of respondent No. l the claim is controverted and it is maintained that in the F.I.R. the allegations are not precise and it is not clear as to whether Muhammad Nawaz, co‑accused has abducted the girl or respondent No. 1, Sajjad has done so.

3. I have perused the contents of the F.I.R. as well as the impugned order of the learned Additional Sessions Judge. It is difficult to read the impugned order inasmuch as the learned Additional Sessions Judge has written a very long sentence covering almost 3/4th of the page. It is not clear as to what prevailed with the Court in admitting the respondent No. l to pre‑arrest bail in a case where section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, is claimed to have been violated. The offence being serious and punishable up to imprisonment for life and no mala fide having been alleged against the police, the exercise of discretion by the learned Additional Sessions Judge, is improper, if not illegal. Resultantly, this application is allowed and the bail granted to respondent No. l by the order dated 21‑7‑1996 of the learned Additional Sessions Judge, Sahiwal, is hereby cancelled. Disposed of.

N.H.Q./L‑18/L Bail cancelled.