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Criminal Miscellaneous No. 2054-B of 1981, decided on 19th August, 1981.
--- S. 497-Bail--Petitioner making woman pregnant illicitly and marrying her after knowledge of her being pregnant.---Petitioner in Jail for 8 manths-Bail allowed, in circumstances.
Muhammad Ismail gureshi and Sardar Ahmad Khan for Petitioner.
Sardar Muhammad Khurshid for the State.
Date of hearing : 19th August, 1981.
This is an application for bail on behalf of Mukhtar Ahmad in a case under section 10/11/16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, and under section 363, P. P. C. registered at Police Station, Kotsamaba vide F. I. R. No. 160/80.
The allegations against the petitioner are that he enticed away Mst. Sughran with intent to commit sexual intercourse with her.
2. Learned counsel for the petitioner submits that Mst. Sughran in fact, is the legally-wedded wife of the petitioner. He is in jail since 8th December 1980 and so far the case has not been fixed for hearing.
3. As against this, learned counsel for the State submits that it is a clear case of commission of Zina as admitted by Mst. Sughran herself in a statement recorded under section 164, Cr. P. C.
4. After hearing the learned counsel for the parties and going through the material placed on the record, I find that Mst. Sughran admits that she had developed illicit relations with the petitioner whereby she had become pregnant before the alleged occurrence and when she informed the petitioner about her pregnancy, he took her to Khanpur and contracted marriage with her.
In these circumstances, the petitioner, who is in jail for the last 8 months, is allowed bail in the sum of Rs. 10,000 (rupees ten thousand) with one surety in the like amount to the satisfaction of A. C., Rahimyar Khan.
Needless to add that expression of opinion based on tentative assessment of evidence will not influence the mind of the trial Court.
Bail granted.
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