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MASOOD AHMAD ALIAS SOODA versus STATE


Criminal Code of Conduct (CRPC) 5 497/496 Crimes of Adultery (Enforcement Hood) Ordinance (VII of 1979), Section 10 (2) Bye 1 Offense Support of Trial of Trial against Witnesses of Crime Which does not require further investigation.

1984 P Cr. L J 2462 (1)

[Lahore]

Before Kamal Mustafa Bokhari, J

MASOOD AHMAD alias SOODA--Petitioner

versus

THE STATE--Respondent

Criminal Miscellaneous No.693/B of 1983, decided on 7th June, 1983.

Criminal Procedure Code (V of 1898)--

---5. 497/496--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10(2)--Bai1--Offence of Zina--Eye-witnesses not supporting prosecution case--Case against accused requiring further inquiry--Bail granted.

Farooq Ahmad Chaudhry for Petitioner. Muhammad Rafiq for the State.

ORDER

Petitioner in this case is accused of offence under section 10(2) of Ordinance VII of 1979. It is alleged that petitioner was found committing Zina with the co-accused Mst. Nasreenn in the house of the latter.

2. Learned counsel for the petitioner has argued that there were three eye-witnesses of the occurrence, all of them have sworn in affidavits in which they have deposed that they did not see the occurrence. Learned counsel for the State has opposed the release of petitioner on bail because vaginal swabs of Mst. Nasreenn were taken by the lady doctor who medically examined her and according to the report of the Chemical Examiner these are stained with semen.

3. The case against the petitioner is of further inquiry because all the eye-witnesses are not supporting the prosecution case at this stage. Therefore, I order release of the petitioner on bail subject to his furnishing security in the sum of Rs.10,000 (Rupees ten thousand) with one surety in the like amount to the satisfaction of Assistant Commissioner, Chichawatni:

M. Y. H. Bail granted.

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