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Criminal Bail Application No. 748 of 1983, decided on 8th September, 1983.
---S. 497/498--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.17(3)--Bail--Mid-night occurrence--Source of identification as well as name of accused missing in first information report--Identification parade held after more than a year of incident--Bail granted.
Muhammad Rafiq Khanzada for Applicant.
Applicant Ghulamullah son of Sufi Muhammad Murad has been arrested in a case registered under section, 17(3) of Enforcement of Hudood Ordinance, 1979 at P.S. North Nazimabad, Karachi on 28th February, 1982. His two bail applications have been rejected by Vth Additional Sessions Judge, Karachi on 29th August, 1983 and 3rd September, 1983. I have heard Mr. Muhammad Rafiq Khanzada learned counsel for applicant and Mr.Abdul Sattar Shaikh Additional Advocate-General for the State. It is contended that name of applicant does not appear in the F.I.R. identification test through eye-witness was held when this bail application on behalf of the applicant was moved. Learned Additional Advocate-General has no objection to the grant of the bail. This case was registered on 28th February, 1982 and incident occurred at mid-night, the source of identification has not been mentioned in the F.I.R. The name of the applicant does not appear in the F.I.R. The identification has been held after more than a year of incident. I am of the opinion that this is a fit case for bail. Accordingly bail is allowed to the accused and he be released on furnishing one surety in the sum of Rs. 25,000 and P.R.I bond in the like amount to the satisfaction of learned Sessions Judge, Karachi.
M.Y.H. Bail granted.
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