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Criminal Bail Application No. 260 of 1982, decided on 19th April, 1982.
‑‑S. 497‑Prosecutrix showing in her statement under S. 164, Cr. P.C. to be a willing party in commission of offence and according to medical certificate 17 years old‑Case, held, requires further enquiry at trial stage‑Bail granted‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10 & 11.
Ataullah Khan for Applicant.
A. A. Mohammadally, Assistant Advocate General for the State.
Learned Assistant Advocate‑General has no objection, in view of S. 164, Cr. P. C, statement of Mst. Shadoo, which prima‑facie, shows, that she was a willing party and furthermore according to the medical certificate, her age is said to be 17 years. Keeping in view .the above statement of the learned Assistant Advocate‑General and the fact, that Mst. Shadoo is A 17 years old and she in her statement under section 164, Cr. P. C. prim facie gives an impression, that she was a willing party, in my opinion, tho case against the applicant would require further inquiry at the stage of trial. Accordingly, I allow the above application and direct that the applicant be released on bail, on his furnishing surety in the sum o Rs. 20,000 (Twenty Thousand), with P R bond in the like amount, to the satisfaction of the trial Court.
Bail granted.
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