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Criminal Miscellaneous No. 2309 of 1981, decided on 30th August 1981.

-- S. 497 read with Offence of Zina (Enforcement of Hudood) Ordi nance (VII of 1979), Ss. 10, 11 & 16---Bail-Accused not specifically, named by prosecutrix in her statement under S. 164, Cr. P. C. as her ravisher-Co-accused actually charged for commit ting rape, already allowed bail by senior Court-Three months elapsed since arrest of petitioner yet challan not sent up for trial case held, one for further enquiry-Bail allowed in circumstances.

Aftab Gul for Petitioner.

Altaf Muhammad Khan for the State.

This is an application for bail in a case under sections 10, 11 and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 registered at Police Station Badami Bagh vide F. I. R. No. 124/81 dated 11^th May, 1981.

2. The prosecution case is that the petitioner and his co-accused Ali Raza Shah took away Mst. Tasleem with intent that she may be subjected to illicit intercourse and thereafter they committed rape upon her. The learned counsel for the petitioner submits that the co-accused whose case is identical with that of the petitioner has already been allowed bail by the learned Additional Sessions Judge, Lahore.

3. That the accused was arrested on 24th May, 1981 and yet the challan has not been sent up to the competent Court for its trial.

4. As against this the learned counsel for the State submits that it is a case of heinous nature and not a fit case for the grant of bail at this stage.

5. After hearing the learned counsel for the parties and going through the record I find :-

(i) That Mst. Tasleem, the prosecutrix in her statement recorded under section 164, Cr. P. C. has not specifically named the petitioner.

(ii) That although the petitioner was arrested on 24th May, 1981 and three months have passed yet the challan has not been sent up for trial to a competent Court.

(iii) As admitted by the learned counsel for the State co-accused namely Ali Raza Shah against whom there is an allegation of rape has already been allowed bail by the learned Additional Sessions Judge, Lahore.

Without expressing any opinion lest it may prejudice the case of any party, I am of the view that in its own circumstances it is a case of further inquiry. The petitioner is allowed bail in the sum of Rs. 10,000 with one surety in the like amount to the satisfaction of Assistant Commissioner, Lahore.

Bail allowed.

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