NADEEM IQBAL ALIAS NAWAB SAHIB Versus STATE

ORDER

The petitioner is one of the accused in a case registered vide F.I.R. No.292, dated 23-5-1993 under sections 10, 13, 14 and 18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 read with section 454, P.P.C. at Police Station City "A" Division, Sheikhupura.

2. According to the F.I.R. in brief, the petitioner is alleged to have participated in the alleged occurrence.

3. The learned counsel for the petitioner and the State were heard at length in respect of the contentions raised herein. It was confirmed on behalf of the State that there is material contradiction in the prosecution version stated in the F.I.R. to the effect that the place of occurrence was locked from outside i.e. the lock had been placed on the doors to the said quarter but nevertheless, the complainant has also stated in F.I.R. to the effect that later on the present petitioner/accused was allowed to scale over the wall and open the door from inside to facilitate the complainant Police Officer to enter in the said quarter. Therefore, it is hereby observed that such a material contradiction in the version of the prosecution brings the case of the petitioner within the ambit of subsection (2) of section 497, Cr.P.C. It was further confirmed that the petitioner is neither a previous convict nor a hardened criminal and that he is no longer required by the police and has been in judicial custody for over 8 months. Therefore, the petitioner is hereby allowed bail in the sum of Rs.20,000 with two sureties in the like amount to the satisfaction of the A.C./Duty Magistrate, Sheikhupura.

N.H.Q./M-1487/L

Bail allowed.