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MUHAMMAD SARAJ versus STATE


Criminal Code of Conduct (CCPC) Section 497/498 Crimes of Adultery (Enforcement Hood) Ordinance (VII of 1979), Section 14 guarantees recovering kidnapped accused of selling and using girls for prostitution. No further inquiry has been made against the accused yet, bail granted

1984 P Cr. L J 2301

[Karachi]

Before B. G. N. Kazi, J

MUHAMMAD SARAJ--Petitioner

versus

THE STATE--Respondent

Criminal Bail Application No.317 of 1983, decided on 17th May, 1983.

Criminal Procedure Code (V of 1898)-

--S.497/498--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.14--Bail--Allegation of selling and utilizing girls for purpose of prostitution--No evidence collected or marshalled against accused except word of complainant--Two girls allegedly abducted not recovered as yet- Case against accused being of further inquiry, bail granted.

Attaullah Khan for Petitioner.

Abdul Sattar Shaikh, A.A.-G. for the State.

ORDER

The applicant is facing case under section 14 of the Enforcement of Hudood Ordinance (Zinc) 1979 in which the interim challan has been submitted before Xth Additional Sessions Judge, Karachi. The allegation against him is that he and Ismail had brought two girls namely Khurshid aged 23/24 years and Shahida aged 18/19 years and minor aged 2 years by name Rabia who is daughter of Shahida on some pretext and they were selling and utilizing the girls for the purpose of prostitution. Mr. Abdul Sattar Shaikh, the learned A.A.-G. who has been given notice on the instant application states that except for the word of the complainant, as yet there is no other evidence collected or marshalled against the applicant. He has further stated that the two allegedly abducted girls are not to be found and have not yet been recovered by the Police so far. It is, therefore, apparent that the case against the applicant is one for further inquiry and, therefore, it is hereby directed that he may be released on bail on his furnishing one surety in the sum of Rs.20, 000 and P.R. Bond in the like amount to the satisfaction of the Xth Additional Sessions Judge, Karachi. It is further directed that the applicant shall co-operate with the investigating authorities and should make himself available whenever called upon to do so. The trial Court if and when it considers that the case against the applicant is no longer a matter for further inquiry can remand him to custody.

M. Y. H. Bail granted.

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