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Criminal Miscellaneous No.810-B of 1983/BWP. , decided on 13th September, 1983.
--S.497/498--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10--Bail--First information report lodged with delay of twenty-two days--Accused below sixteen years in age--Case not falling within prohibitory clause of 5.497 and rather falling within proviso to section 497, Cr. P.C.--Grant of bail in such cases, held, a rule and refusal an exception--Bail allowed.--[Age].
M.A. Mohal for Petitioner.
Malik Fida Hussain for the State.
This is an application for bail on behalf of Muhammad Siddiq petitioner in a case under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at P.S. Chishtian, vide F.I.R. No. 158, dated 20th June, 1983.
2. The prosecution case is that the petitioner committed Zina-bil-Jabr with Mst. Sharaf Elahi about 20/22 days before the registration of the case.
3. Learned counsel for the petitioner submits that the petitioner being under the age of 18 years, his case falls within the ambit of section 7 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 which is punishable with 5 years' R.I.. and as such, it does not fall within the prohibitory clause.
The learned counsel for the State has opposed this application. He has, however, conceded that according to the medical certificate, the petitioner is of 16 years in age.
4. After hearing the learned counsel and going through the record I find that there is a delay of 22 days in lodging the F.I.R. and that since the petitioner is below 16 years in age, his case does not fall within the prohibitory clause of section 497, Cr.P.C. rather it falls proviso to section 497, Cr. P.C. and as such, the grant of within the bail is a rule and refusal is an exception. I do not see any exceptional reason to refuse the bail of the petitioner. He is accordingly allowed bail in the sum of Rs. 10,000 (Rupees ten thousand only) with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Chishtian.
M.Y.H. Bail granted.
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