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Criminal Bail Application No.281 of 1983, decided on 19th April, 1983.
‑‑‑S.497 read with Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10 a 11‑‑ Bail, grant of‑‑ Two prosecution witnesses filing affidavit exonerating accused from charges of abduction and Zina‑ Co‑accused already released on bail and a move made to Government for withdrawal of case‑‑Held: A case of further inquiry at investigation stage ‑‑Petitioner allowed bail, in circumstances.
1982 P Cr. L J 3 ref.
Sardar Muhammad Ishaq for Applicant.
M.I. Memon, A.A.‑G. for the State.
The learend Advocate for the applicant submitted, that P.Ws. Mst. Saidan and Piran Ditta have filed affidavits Annexures 'C' a 'D' before the learned trial Court, in which they have exonerated applicant and in fact P.W. Mst. Saidan has moved the Home Secretary, Govt. of Sind withdrawal of the case in question.
P.W. Mst. Saidan and Piran Ditta are present in Court and been identified by Sub‑Inspector Syed Walayat Hussain of New Police Station, both these P.Ws. have admitted in open Court, that they have given such affidavits. Mst. Saidan also confirmed, that she had also moved the Govt. for withdrawal of the above cases.
In view of the above facts and position the learned Advocate for the applicant submitted, that this is a fit case for grant of bail to the present applicant and in support of this he relied upon case reported in 1982 P Cr. L J 3.
The learned A.A.‑G. appearing for the State, in view of the above facts and position on record, does not oppose the above Bail application. I have taken into consideration the submissions made by the learned Advocates before me and have gone through the affidavits Annexures 'C' and 'D' filed by two P.Ws. in question. In view of these affidavits, the case against the present applicant would require further enquiry at the stage of trial and since the co‑accused Mst. Roylace alias Shahnaz has already been granted bail, I allow the above application and direct, that applicant be released on bail on his furnishing surety in the sum of Rs.30,000 with the P.R. bond in the like amount, to the satisfaction of the learned trial Court.
S. G. D. Bail granted.
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