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Criminal Miscellaneous No. 1394/B of 1983, decided on 6th December, 1982.

--S. 497/498-Penal Code (XLV of 1860), Ss. 352/380 & 382 --Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 6-Bail-Enmity existing between parties-Whether accused really committed an offence punishable with Tazir-Matter of further inquiry-Bail granted.

A M. Sultan Alam for Petitioner.

Rana Muhammad Anwar for the State.

This is a bail application on behalf of Abdul Hamid who has been arrested by the police of Jalalpur Pirwala Police Station under sections 452, 380 and 382, P.P.C. read with section 6 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, for having committed rape on Karim Khatoon wife of one Allah Wasaya. The petitioner having approach ed the Additional Sessions Judge, Multan unsuccessfully, has made the instant petition before this Court.

2. It is admitted by the learned counsel for the State that case of the petitioner is not of Hadd but is one of Tazir. It is also admitted that the petitioner's wife Mst. Allah Wasai has also got a case admitted against the husband of Mst. Karim Khatoon (prosecutrix in this case) on the allegation that she was raped by him. That case was cancelled by the police as false. However, the fact remains that there exists enmity between the parties.. In this perspective, I feel that it, needs further inquiry as to whether the petitioner has really committed an offence punishable with Tazir as alleged by the prosecution or not.This petition is consequently allowed. The petitioner is directed to be released on bail subject to his furnishing a bond in the sum of Rs. 1,000 (Rs, ten thousand only) with one surety in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate. Shujabad.

M. Y. H. Bail granted.

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