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Criminal Miscellaneous No. 727-B of 1983/BWP, decided on 31st August 1983.
---S. 497/498--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.16 8 10(3)--Bail--First information report recorded after recovery of abductee wherein allegation of abduction as well as Zina not made out--Matter requiring further enquiry--Bait granted.
Malik M.H. Zafar Mison for Petitioners.
Hafiz Muhammad Saeed for the State.
This is an application for bail on behalf of Shamshad Ali and Hashim, petitioners, in a case under sections 16, 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at Police Station Ahmadpur East vide F.I.R. No.154/83 dated, 17th June, 1983.
2. The prosecution case is that the petitioners abducted Mst. Parveen in order to subject her to sexual intercourse and thereafter she was subjected to Zina-bil-Jabr.
3. Learned counsel for the petitioners submits that the F.I.R. which was lodged after the recovery of Mst. Parveen from the Chobara does I of contain the allegations of abduction as well as Zina-bil-Jabr and that the allegations levelled in the F.I.R. if accepted at its face value, no offence punishable under any section of the offence of Zina (Enforcement of Hudood) Ordinance, 1979, is made out. Furthermore the witnesses mentioned in the F.I.R. have falsified the story given in the F.I.R. in the affidavits duly sworn by them.
As against this the learned counsel for the State has opposed this application.
4. After hearing the learned counsel and going through the record I find that in the F.I.R. which was admittedly recorded after the recovery of Mst. Parveen by the police, the allegations of abduction as well as Zina, have not been levelled. Without making any expression lest it may prejudice the merits of the case I am of the opinion that the matter requires further inquiry. The petitioners are therefore, allowed bail in the sum of Rs.10,000 each with one surety each in the like amount to the satisfaction of the Assistant Commissioner/ Illaqa Magistrate, Ahamdpur East.
M. Y. H. Bail Granted.
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