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Criminal Miscellaneous No. 848-8 of 1982, decided on 8th Septem ber, 1982.
--- Ss. 497 & 498--Offence of Zina (Enforcement of Hudood) Ordi nance (V11 of 1970), Ss. 10 & 11-Bail before arrest-Offence of Zina-Accused seventy years old-Operated for enlarged prostate and unable to commit sexual intercourse-Interim bail already granted confirmed.
Sardar Ahmad Khan for Petitioner.
M. A. Hameed for the State.
Date of hearing: 8th September, 1982.
This is an application for bail before arrest on behalf of MIMI Bachaya petitioner in a case under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at P. S. Sadar, Bahawalpur, vide F. 1. R. No. 116, dated 15th April, 1982.
2. The allegations against the petitioner are that he committed Zina-bil-Jabar with Mst. Zohran.
3. Learned counsel for the petitioner submits that it is a false case inasmuch as the petitioner being an old man and having been operated upon for enlarged prostate, could not commit sexual intercourse. Learned counsel for the State has however, opposed this application. Walayat Khan, A.S.I. states that the petitioner has not joined the investigation.
4. After hearing the learned counsel for the parties, I find that the petitioner's application was dismissed for his default. An application for adjournment was submitted before the learned Sessions Judge but the same was refused and the application was dismissed for default.
5. The petitioner is about 75 years in age. The medical certificate Annexure 'C' shows that he was of 70 years old on 29th November, 1977.
The medical certificate Annexure D' issued by the Major Dr. Muhammad Amin shows that the petitioner was operated for enlarged prostate and could not commit the sexual intercourse at all.
6. In this view of the matter, I am of the opinion that no useful purpose would be served by sending the petitioner again to the learned Sessions Judge.
7. For what has been stated above, the interim bail already granted to the petitioner is, hereby, confirmed.
8. The petitioner is, however, directed to appear before the police gas and when required. To case he fails to join the investigation, the complainant or the State would be competent to move application for the cancellation of the bail.
M. Y. H. Bail confirmed.
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