Summary: Summary pending

Summary: (a) Hudood Laws—Sections 10/19, Zina (Enforcement of Hudood) Act—Bail—Principles governing grant of bail—Delay of several days in lodging FIR without plausible explanation renders prosecution version doubtful—Such unexplained delay, though not always fatal, may justify further inquiry under section 497(2), Cr.P.C.—Case of further inquiry established. (b) Criminal Procedure Code, 1898—Section 497(2)—Scope—Where material contradictions exist between victim’s initial version in FIR and subsequent statement under section 164, Cr.P.C., benefit of doubt must go to accused even at bail stage—Only one of eight named accused challaned while others discharged—Such selective prosecution creates presumption of mala fide and partiality. (c) Bail—Effect of commencement of trial—Commencement or pendency of trial not a bar to grant of bail if case of further inquiry is made out—Principle reaffirmed from Shah Zaman v. Ashiq Hussain (2017 SCR 415) and Syed Khalid Hussain Shah v. The State (2014 SCMR 12)—Court may release accused on bail if no longer required for investigation and prolonged detention serves no purpose. (d) Judicial approach—Tentative assessment at bail stage—Observations while deciding bail are tentative and shall not prejudice merits at trial—Trial Court bound to decide independently based on evidence adduced. Disposition: Revision petition accepted—Impugned order dated 21.6.2019 set aside—Accused enlarged on bail on personal bond of Rs. 500,000 with two sureties in the like amount—Trial Court directed to conclude trial expeditiously without being influenced by observations made in bail order.

Summary: Summary pending

Summary: Summary pending

Summary: Summary pending

Summary: Summary pending

Summary: Summary pending

Summary: Summary pending

Summary: Summary pending

Summary: Summary pending