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Criminal Miscellaneous No. 2165‑B of 1981, decided on 2nd September, 1981.
‑‑---S. 497‑Petitioners in Jail for last 5 months‑Zina not alleged against them‑Bail allowed‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10/11.
R. A. Awan for Petitioners.
Imtiaz Ahmed Ch. for the State.
This is an application for grant of bail on behalf of Bashir, Jamil and Muhammad Hussain in a case under section 10/11 of the Zina (Enforcement of Hudood) Ordinance, 1979 registered at Police Station, Moghalpura vide F. I. R. No. 110 dated 18th March, 1981. So far as Jamil is concerned, prayer for bail has already been rejected. So far as petitioners Nos. 1 and 3 are concerned, there are no allegations of Zina against them. The prosecutions case is that they facilitated the abduction of Mst. Naziran and took her to Siraj Pura and from there they came back.
2. On the other hand, learned counsel for the State has seriously opposed the applications. He submits that the petitioners are equally liable for the act of his co‑accused.
3. After hearing the parties, I find that there is no allegation of Zina against petitioners Nos. 1 and 3. They are in Jail for the last 5 months. I am of the opinion that no useful purpose would be served by keeping these petitioners in Jail. Petitioner No. 1 Bashir, and petitioner No. 3 Muhammad Hussain are allowed bail in the sum of Rs. 10,00 each with one surety, each in the like amount to the satisfaction of A. C, Cantt, Lahore.
M.Y.M. Bail granted.
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