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Criminal Miscellaneous No. 1038-B of 1985, decided on 30th April, 1985

---S. 498--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 11--Penal Code (XLV' of 1860), S. 380--Bail before arrest, grant of--Abductee not recovered even after 15 months of registration of case--One of co-accused also not arrested--Such facts reflecting adversely on investigation--Another co-accused already released on bail by High Court--Two lady accused having no connection with other co-accused--Accused joining investigation--Bail granted in circumstances.

Syed Samar Hussain Shah for Petitioners.

S.D. Qureshi for the State.

Mat. Jia and Mst. Hamida Bibi are accused of the offence under section 11/7/79 of the Offence of Zina (Enforcement of Hudood) Ordinance read with section 380, P.P.C. Case was registered against them al Police Station Moghalpur, Lahore on 14-1-1984. Mat. Sharifan the alleged; abductee has not been recovered nor Nazir accused has been arrested) so far. The two women petitioners have no connection with Nazir or Sharifan. Another accused Munir remained in custody for about 4 months) and was allowed bait by this Court on 5-11-1984 in re: Criminal) Miscellaneous No. 2934-B of 1984. The facts of the case have been) enumerated in the above order.

2. The police has failed to recover Mst. Sharifan the alleged abductee and has also failed to arrest Nazir alias Jeera which is an adverse reflection on the investigation of this case. The two petitioners are said to have been joining the investigation. They are allowed bail in the sum of Rs.5,000 (five thousand) each with two sureties each in the like amount to the satisfaction of the A.C./Duty Magistrate, Lahore. They should continue joining investigation.

S ; A . .W .,

Petition accepted.

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