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[Lahore]

Criminal Miscellaneous No. 3168-B of 1983, decided on 31st December, 1983.

Criminal Procedure Code (V of 1898)--

---S. 498--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10/16--Accused although arrested four months back yet no challan submitted in Court--Allegations of Zina not made against accused--Bail allowed.

Lal Khan Balouch for Petitioner.

Malik Abdur Rehman for the State.

This is an application for bail on behalf of Phelwan, petitioner, in a case under section 10/16 of the offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at Police Station Mochiwala vide F.I.R. No. 1, dated 14-1-1983.

2. The prosecution case is that the petitioner and others abducted Mst. Maryam in order to subject her to sexual intercourse.

3. Learned counsel for the petitioner submits that there are no allegations of Zina against the petitioner and although five months have passed yet no challan has been submitted. On the other hand learned counsel for the State has seriously opposed this application on the ground that the alleged offence is a heinous one and that the learned Sessions Judge has given cogent reasons for refusing bail to the petitioner.

4. I have considered the arguments advanced by the learned counsel with care. I find that although the petitioner was arrested five months back yet no challan has been submitted so far and that there are no allegations of Zina against the petitioner. To my mind it is a fit case for grant of bail. He is, therefore, allowed bail in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of the Assistant Commissioner/ Duty Magistrate, Jhang.

M.Y.H.

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