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SAKINA BIBI versus STATE


Criminal Code of Conduct (CRPC) Section 497 (1), first read by Provo on the Adultery (Enforcement Hood) Ordinance (VII of 1979), Section 10 and 11 bail applicant's sister abducted the bride Shown proof of marriage between the girl who was raped. The younger brother of the applicant's husband, the applicant's husband, as the woman entitled to the exemption in bail under Section 497 (1) of the PC Petition under Festo, admitted in the circumstances

1984 P Cr. L J 1010

[Lahore]

Before Abaid Allah Khan, J

Mst. SAKINA BIBI-Petitioner

versus

THE STATE-Respondent

Criminal Miscellaneous No. 129-B of 1984, decided on 23rd January, 1984.

Criminal Procedure Code (V of 1898)-

-- S. 497 (1), First Proviso read with Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10 & 11-Bail-Petitioner sister of lady allegedly abducted -Nikahnama showing marriage between abducted girl and younger brother of petitioner's husband Petitioner being a lady entitled to concession of bail under First Proviso to section 497 (1) of Cr. P. C.-Petitioner admitted to bail in circumstances.

Muhammad Akbar Cheema for Petitioner.

Altaf Muhammad Khan for the State.

ORDER

It is contended that it is inconceivable that the petitioner would be reistrumental in the abduction of her own sister. It is further contended hat as per nikahnama, whose copy has been produced, Mst. Hafeez Bibi contracted marriage with the petitioner's husband's younger brother, Muhammad Aslam, of her own accord. The petitioner being a lady is entitled to the concession of bail under the first proviso to subsection (1) of section 497 of the Code of Criminal Procedure. Accordingly she is admitted to bail and will be released on her furnishing security to the sum of Rs. 10.000 with two sureties in the like amount each to the satisfaction of the learned Sessions Judge, Gujrat.

M. B A. Bail allowed.

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