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SADIQ MUHAMMAD versus STATE


Criminal Code of Criminal Procedure (CRPC) Section 497 and Enforcement Hood Ordinance (VII of 1979); Guarantee is guaranteed under the clause.

1983 PCr. LJ 2159(1)

[Lahore]

Before Muhammad Munir Khan, J

SADIQ MUMAMMAD AND OTHERS---Petitioners

Versus

THE STATE-Respondent

Criminal Miscellaneous No. 2331-B of 1981, decided on 2nd Septem ber, 1981.

Criminal Procedure Code (V of 1898) ---

---

S. 497 and Offence of Zina (Enforcement of Hudood) Ordi nance (VII of 1979), S. 16-Bail-Alleged offence not punishable with imprisonment for 10 years or more nor falling within prohibitory clause-Bail allowed.

Iqbal Ahmad Malik for Petitioners.

Sher Ali for the State.

ORDER

This is an application for bail on behalf of Sadiq Muhammad, Bashir Ahmad and Rab Nawaz petitioners in a case under section 16 of the Off ence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at P. S. Dera Din Pannah vide F. I. R. No. 43 dated 26th March, 1981.

The allegations against the petitioners are that they alongwith others took away Mst. Rashida with intent that she may have illicit intercourse with any one.

2. After hearing the learned counsel for the parties, I find that the alleged offence is not punishable with imprisonment for 10 years or more and it does not fall within the prohibitory clause. The petitioners, who were arrested on 24th April, 1981 (as stated by counsel for the petitioners) are allowed bail in the sum of Rs. 10,000 (rupees ten thousand) with one surety each in the like amount to the satisfaction of A. C. Muzaffargarh.

M.Y.M Bail granted.

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