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Criminal Miscellaneous No. 956‑B of 1985,decided on 18th May, 1985.
‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10 & 16‑‑Bail‑‑Accused and co‑accused allegedly abducting two girls‑‑One of abductees while making statement under S. 164, Cr. P. C. not naming specific accused persons who committed Zina‑bil Jabar with her‑‑Other abductee while making statement under S. 164. Cr. P. C. not specifically naming persons who committed Zina‑bil‑Jabr with her but her statement giving impression that all abductors had done so‑‑Accused and two of his co‑accused found innocent by police and placed in column No. 2, of challan‑‑Case of accused, held, needed further inquiry‑‑Bail allowed in circumstances.
Lal Khan Baloch for Petitioner.
Nemo for the State.
Anwar petitioner alongwith others is involved in a case under Articles 10 and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. He has moved this petition for bail.
The prosecution version is that on 14th September, 1984 at about evening time Mst. Manzuran took away Mst. Nusrat and Mst. Bibi from their house and handed them over to the petitioner and his co‑accused Muhammad Ali, Kazim, Riaz and Yunus who abducted both the girls in a wagon.
2. On 18th October, 1984 Mst. Bibi and Mst. Nusrat made statements under section 164, Cr. P. C. They stated that the accused persons took them to Chak Batiwala. Mst. Nusrat stated that Muhammad Ali, Kazim and Noshi had been committing Zina‑bil‑Jabr with her in that Chak. Mst. Bibi also stated that she was subjected to Zina‑bil‑Jabr at village Batiwala. She has not specifically named the persons who committed Zina‑bil‑Jabr with her, but her statement gives the impression that all the abductors had done that. During the investigation the petitioner and co‑accused Yunus and Riaz were found innocent and have been placed in column No. 2 of the challan. In the circumstances, I feel that the case of the petitioner needs further inquiry. I, therefore, admit him to bail in the sum of Rs.20,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner, Chiniot.
H. A. Bail allowed.
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