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Criminal Miscellaneous No. 847 of 1985, decided on 5th May, 1985.
--‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10 & 16‑‑Bail, grant of‑‑Abductee giving two versions of occurrence, one in her statement before police and other one in her statement recorded under S. 164, 'Cr. P. C.‑‑Abductee initially implicated as accused but later on transposed as a prosecution witness‑ Prosecutrix also legally wedded wife of petitioner‑‑Petitioner allowed bail, in circumstances.
M. Asghar Bokhari for Petitioner.
Bashir Pervaiz for the State.
According to the learned counsel there are two versions one as given in the statement of Mst. Mehr Khatoon under section 161, Cr. P. C., recorded by Shaukat Ali, Sub Inspector and the other as disclosed in the statement under section 164, Cr. P. C. which was got recorded under pressure with a view to implicating the petitioner.
It is further submitted that Mst. Mehr Khatoon who was initialy implicated as an accused was later on transposed as a prosecution witness. Even otherwise she is legally wedded wife of the petitioner.
I think these are good grounds to admit the petitioner to bail. He is accordingly allowed bail in the sum of Rs.10,000 (Ten thousand) with one surety in the like amount to the satisfaction of Assistant Commissioner, Mianwali.
S. G. D. Bail allowed.
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