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Criminal Miscellaneous No. 2800-B of 1982, decided on 13th November, 1982.
S. 497 (2) read with Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10 & 11--Bail, grant of-Petitioner a signatory to nikahnama as a witness and further accused of having arranged for each particular step towards culmination of alleged Nikah-Since petitioner occupying status of a witness within ambit of case, rest of allegations, held, matter falling due for further enquiry, attracting subsection (2) of S.497, Cr. P. C.-Bail allowed, in circumstances.
S. M. Nazim for Petitioner.
Malik Abdul Sattar Chughtai for the Complainant.
Malik Abdur Rehman for the State.
In this case the main accusation according to the case as registered on 17th September, 1182 by the Police Station Shalimar at the instance of Muhammad Iqbal complainant under sections 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 read with section 363, P. P. C is against Javed Shah and Zahid Hussain. On the other side it has been alleged by co-accused Javed Shah and another Najam Hamid that they duly entered into marriage with the abductees namely Mussarat Shaheen and Mst. Shagufta Bano respectively, the daughters of the complainant.
2. During the investigation after the statements of the abductees it came to light that Muhammad Ali the present petitioner was a signatory on both the nikahnamas as a witness. In their statements under section 161, Cr. P. C. the present petitioner has been accused of having arranged for each particular step towards the culmination of the allaged nikahs.
3. Since the petitioner occupies the status of a witness within the ambit of this case, therefore, as to the rest of the allegations the matte falls due for further inquiry so as to attract subsection (2) of section 497, Cr. P. C. Hence the petitioner is admitted to bail in the sum of Rs. 10,000 with one surety in the like amount to the satisfaction of the Assistant Commissioner, Lahore.
4. Copy of this order may he supplied dasti to the petitioner on payment of usual charges.
Bail allowed.
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