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Criminal Miscellaneous No. 703-B (BWP) of 1985, decided on 4th June, 1985.

---S. 497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10(3)--Penal Code (XLV of 1860), S. 363--Bail, refusal of- Co-accused granted bail by trial Court--Accused was declared absconder and according to Police he was not available to them--Bail refused.

---S. 497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10(3)--Accused was declared absconder--An absconder, held, was not entitled to concession of bail.--[Absconder].

Malik Muhammad Aslam for Petitioner.

Jameel Pirzada for the State.

Date of hearing; 4th June, 1985.

The petitioner is involved in a case under section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 read with section 363, P.P.C. He has petitioned for being admitted to bail.

2. According to the F.I.R. Muhammad Razzaq son of Ramzan had developed illicit intimacy with Mst. Bashiran, the daughter of Pir Bux complainant. Muhammad Razzaq and his mother went to the house of the complainant and demanded her betrothal with Razzaq but the complainant flatly refused. Fifteen/sixteen days before this occurrence, the complainant and his wife had gone out to work in the fields and Mst. Bashiran was alone in the house, who was taken away by the petitioner and his accomplices. After her recovery, Mst. Bashiran stated that the petitioner and his accomplices committed rape with her.

3. The learned Sessions Judge admitted the accomplices of the petitioner to bail on the ground that she was stated to be the wife of Allah Bachaya and Nikahnama had been produced. Ordinarily, the law of consistency demands that the petitioner should also be released on bail. But it appears that the petitioner was declared as an absconder and warrants of his arrest were issued in April, 1985. According to police he was not available to them. An absconder is not entitled to B the concession of bail. I, therefore, reject his bail petition.

H. A. K. Bail refused.

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