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Criminal Miscellaneous No. 2150/13 of 1981, decided on 11th August, 1981.
-- S. 497 read with Offence of Zina (Enforcement of Hudood) Ordinance (VII of 197 x), S. 16-Zina-Bail-Offence of Zina being not punishable under Ordinance VII of 1979 with imprisonment of ten years or more, grant of bail, held, a rule in such like cases.
Muhammad Yunus Bhattf for Petitioner.
Rana Maqbool Ahmad for the State.
This is an application for hail on behalf of Ali Mohammad in a case under section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 registered at Police Station, Kahror, District Muzaffargarh vide F.I.R. No. 53, dated 6th May, 1981.
2. The allegations against the petitioner are that he along with other took Mst. Zamurrud Bibi with intent, that she tray have illicit intercourse with any one. Learned counsel for the petitioner submits that the allege offence does not fall within the prohibitory clause of section 497, Cr. P C. The petitioner is in Jail ; no more required for investigation.
As against it, learned counsel for the State stated that the petitioner facilitated the commission of offence punishable under section 16 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and is therefore, not entitled to the concession of bail.
3. After hearing learned counsel for the parties, I am of the opinion that the alleged offence is not punishable with ten years or more and in such like cases grant of bail is rule Without making any expression on the merits of the case, the petitioner is allowed bail in the sum of Rs. 10,000 (ten thousand) with one lsurety in the like amount to the satisfaction of Assistant Commissioner, Muzaffargarh.
Bail allowed.
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