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Criminal Miscellaneous No. 2580-B of 1980, decided on 3rd September, 1980.
-----Ss. 497/498 and Penal Code (XLV of 1860), S. 363 and Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10-Bail-Female co-accused not mentioned in F. I. R. but named subsequently--Bail granted.
Abdul Karim Bhutta on behalf of Petitioner's Counsel.
Imtiaz Ahmad for the State.
Umar Hayat Sub-Inspector states that Allah Ditta son of Sarja petitioner is not required in the investigation of this case. In view of this statement, the petition of Allah Ditta son of Sarja for bail has become infructuous and is deposed of as such.
2. I have been taken through the F. I. R. of this case and the statement of Mst. Sajida Perveen abductee. Mst. Naseem (mother of Mst. Sajida Perveen) was present in the house and in her presence, Mst. Satto petitioner took away Mst. Sajida Perveen on the pretext of making water and thereafter the other accused Ali Muhammad petitioner, Qasim, Allah Yar, etc. dusted her. Ali Muhammad subsequently committed rape upon Mst. Sajida Peryeen. The bail petition of Ali Muhammad and Mst. Satto is dismissed.
3. Name of Mst. Hanifan is not mentioned in the F. I. R. although she was named subsequently by Sajida Perveen. Since she was not named in the F. I. R. she is admitted to bail in the sum of Rs. 5,000 (Five thou sand) with one surety in the like amount to the satisfaction of A. C., Saddar, Vehari.
Order accordingly
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