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MUHAMMAD AZIM versus STATE


Criminal Code of Conduct (CCPC) Section 497 The rape charge against applicants has been declared suspicious by three Investigation Agencies, which requires further inquiry.

1983 P Cr. LJ 2152

[Lahore]

Before Muhammad Munir Khan, J

MUHAMMAD AZIM‑Petitioner

Versus

THE STATE‑Respondent

Criminal Miscellaneous No. 2297‑B of 1981, decided on 2nd Septem ber, 1981.

Criminal Procedure Code (V of 1898) -----

------S. 497‑Bail‑Allegation of rape against petitioner declared doubtful by three Investigation Agencies‑Matter requiring further inquiry‑Bail allowed‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10(3 ).

Hassan Ahmed Khan Kanwar for Petitioner.

Bashir Ahmed Beg for the State.

ORDER

This is an application for bail on behalf of Muhammad Azeem in a case under section 10 (3), Offence of Zina (Enforcement of Hudood) Ordi nance, 1979 registered at Police Station Depalpur vide F.I.R. No. 177 dated 11th April, 1981. The allegations against the petitioner are that he com mitted Zina‑bil‑Jabar with Mst. Mukhoo on 11th May, 1981 at noon time in the area of village Mir Amanullah. Learned Counsel for the petitioner submits that the petitioner has been falsely involved in this case. During the investigation, the allegations against the petitioner were found doubtful. Muhammad Mohsin Head Constable has brought the police file and states that according to 3 Investigating Officers, the allegation of rape against the petitioner was declared to be doubtful.

2. In these circumstances, I am of the opinion that the matter requires further inquiry and petitioner who is in Jail since 30th May, 1981, is allowed bail in the sum of Rs. 10,000 with one surety in the like amount to the satisfaction of Assistant Commissioner, Sahiwal.

M.Y.M. Bail granted.

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