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[Lahore]

Criminal Miscellaneous No. 736/B of 1985, decided on 19th August, 1985.

(a) Criminal Procedure Code (V of 1898)--

--S. 497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10 & 11--Bail, grant of--No allegation of Zina levelled against accused--One of accused being father of co-accused who allegedly committed Zina with abductee--Said accused roped in merely to put pressure on co-accused--Bail granted in circumstances.

(b) Criminal Procedure Code (V of 1898)--

---S, 497--Offence of Zina (Enforcement of Hudood) Ordinances (VII of 1979): Ss. 10 & 11--Bail, refusal of--Accused allegedly committing Zina with abductee--Accused claiming to have married lady but lady stating that she was compelled into marriage by use of force- Accused held, did riot deserve concession of bail.

Muhammad Mumtaz Malik for Petitioners.

Nisar A. Saeed for the State.

The petitioners are .accused of an offence under Ordinance VII of 1979. There are no allegations of Zina against Allah Ditta and Haq Nawaz petitioners although the girl after recovery has pointed the finger at Muhammad Sharif petitioner. Allah Ditta is father of Muhammad ,A Sharif and according to the petitioners has been roped in merely t io put pressure on the accused. Muhammad Sharif, on the other hand, claims to have married the lady but the lady after recovery has stated that she was compelled into marrying Sharif by use of force. Under p the circumstances Muhammad Sharif petitioner does not deserve to be released on bail. The petition to his extent is rejected but Allah Ditta and Haq Nawaz petitioners against whom there are no direct allegations of Zina may be released on bail if they furnish bail bond in the sum of Rs. 20,000 each with two sureties each in the like amount to the satisfaction of A . C . Multan .

H . A . K .

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