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-- S. 497-Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10/11 -Bail, grant of-Petitioner, accused of offences under S. 10/11 of Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), in Jail for last 6 months yet challan not submitted so far-Prosecutrix also not levelling charge of Zina in her statement recorded under S. 164, Cr. P. C.-Held : A fit case for grant of bail, in circumstances.
Taj Muhammad Khan Langah for Petitioner.
Zafar Mahmood for the State.
This is an application for bail on behalf of Atta Muhammad peti tioner in a case under sections 10 and 11 of the Offence of Zina (Enforce ment of Hudood) Ordinance, 1979 registered, at Police Station, Kahror Pacca, vide F. I. R. No. 37, dated 28th February, 1982.
2. The prosecution case is that the petitioner alongwith Azam co- accused abducted Mst. Naziran in order to subject her to sexual intercourse on 10th February, 1982 at Maghrabwela.
3. The learned counsel for the petitioner submits that although the petitioner is in jail for the last more than 6 months yet the challan has not been submitted so far. The learned State counsel has, however, opposed this application.
4. After hearing the learned counsel for the parties, I find (as state by Maqbool A. S.-I.) that although the petitioner was arrested on 24th March, 1982 yet the challan has not been submitted. I further find that Mst. Naziran in her statement recorded under section 164, Cr. P. C. has pot levelled the charges of Zina against this petitioner.
In these circumstances, I am of the opinion that it is a fit case for the grant of bail. Accordingly the petitioner is allowed bail subject to his furnishing bail bond in the sum of Rs. 10,000 with one surety in the like amount to the satisfaction of the Assistant Commissioner, Lodhran.
It would, however, be open to the State/complainant to move applica tion for the cancellation of bail after the challan is submitted.
S. G. D. Bail granted
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