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Criminal, Miscellaneous No. 1874-B of 1980, decided on 15th December, 1980.
--- S. 497(2) - Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10 & 11-Bail, grant of-Petitioner, accused of abduction and committing rape on prosecutrix-However, in a joint writ petition victim of alleged rape as well as her brother asserting that she was lawfully wedded wife of petitioner-Held A case of further inquiry as contemplated by cl. (2) of S. 497, Cr. P. C.-Petitioner allowed hail, in circumstance.
Malik. Muhammad Rashid Awan for Petitioner.
Zahoor-ud-Din Ahmad for the State.
The petitioner was arrested to a case registered under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance. 1979, for the abduction of Mst. Nasreen Akhtar and committing rape on her. I have heard the learned counsel for the parties. The learned State counsel opposes the bail on the plea that the abductee in her statement under section 164, Cr. P. C. incriminated. the petitioner and as the offence under section 11/16 of the Ordinance is non-bailable and falls within the pro hibitory part of section 497 (1), Cr. P. C. he is not entitled to bail,
2. However, I find that the abductee and her real brother namely, Abdur Razzaq jointly filed W. P. No. 10,448/80 in which she also appeared before me alongwith her brother. In this writ petition, it has been asserted that she is the lawfully wedded wife of the petitioner. I feel that this is a case for further inquiry into the guilt of the petitioner. He is. therefore enlarged on bail provided he furnishes bail bond in the sum of Rs. 10,000 with two sureties in the like amount to the satisfaction of the Assistant Commissioner, Faisalabad.
S. G. D. Bail granted.
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