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Criminal Miscellaneous No. 881-B/BWP. of 1985. decided or. 16th July, 1985.

Criminal Procedure Code (V of 1898)--

---S. 497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10(2) & 16--Bail, grant of--Accused not a consenting party to her abduction according to F.I.R.--No direct evidence of commission of Zina by her with co-accused--Accused being a woman her case, held, fell within proviso to S. 497, Cr.P.C.--Bail granted.

Malik Manzoor Ahmad Bharah for Petitioner.

Nazir Ahmad Bhatti for the State.

Date of hearing: 16th July, 1985.

This is an application for bail an behalf of Mst. Razia Bibi in case under section 16/10(2) of Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at Police Station Kotwali, Bahawalpur vide F.I.R. No. 1 of 1985.

2. The prosecution case as per F.I. R. was that Safdar Shah and others abducted Mst. Razia Bibi petitioner in order to subject her to illicit intercourse. During the investigation it was found that she had been committing Zina with Safdar Shah of her own accord.

3. The learned counsel for petitioner submits that the petitioner being a woman her case falls within the proviso to section 497, Cr.P.C. The learned counsel for the State does not controvert this submission.

4. I have considered the submissions made by the learned counse for the parties with care. I find that according to the F.I.R. Mst. Razia Bibi was not a consenting party to her abduction; that there is no direct evidence of commission of Zina by her with Safdar Shah an that she being a woman her case falls within proviso to section 497, Cr.P.C. Without making any observation, I feel inclined to allow her bail in the sum of Rs. 10,000 with one surety in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, Bahawalpur.

H.A.K.

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