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Criminal Miscellaneous No.3449‑B of 1984, decided on 18th December, 1984.
‑‑‑S.497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.11 & 16‑‑Bail, grant of‑‑Petitioner named in F.I.R. and prosecutrix also involving him in her statement recorded under S.164, Cr.P.C.‑‑Petitioner accompanying co‑accused and both abducting prosecutrix‑‑Held, not a fit case for grant of bail, in circumstances.
S. M. Tayyab for Petitioner.
Abdul Hayee Gillani for the State.
The case was registered under sections 11 and 16 of Ordinance VII of 1979, on 20‑9‑1984, on the statement of Muhammad Yaqub. The complainant had named the petitioner and Muhammad Shafiq alias Kala co‑accused in the F.I.R. Said Muhammad Shafiq alias Kala is mother's sister's son of Mst. Razia. After recovery, Mst. Razia made statement under section 164, Cr. P. C. She disclosed in her statement that she was abducted by her cousin Muhammad Shafiq alias Kala and Muhammad Anwar petitioner at pistol point and threatened with death She further alleged that Muhammad Shafiq alias Kala had committed Zina‑bil‑Jabr with her. The petitioner was named in the F.I.R. Mst. Razia also involved him in her statement under section 164, Cr.P.C. He had accompanied the co‑accused and both of them had abducted Mst. Razia. The offence of abduction is equally serious. It is not a fit case for bail. The petition is dismissed.
S. G. D Bail declined
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