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Criminal Miscellaneous No.1103/B of 1984, decided on 27th November 1984.

‑‑‑5.497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.12‑‑Cgmplainant and other witnesses though related to victim, swearing affidavits in favour of accused‑‑All such persons confirming affidavits in Court‑‑Case, held, was of further inquiry, accused was allowed bail in circumstances.

Altaf Ibrahim for Petitioner

Abdul Rashid for the State.

The petitioner stands charged under Article 12 of the Offence of Zina (E.O.H) Ordinance VII of 1979 on the allegation of committing sodomy with Shaukat Ali. Muhammad Aslam, Muhammad Akbar and Muhammad Younas had seen the petitioner running away from Barseem field soon after the occurrence. .

2. Bail is claimed on the ground that the petitioner had been involved on account of some misunderstanding and the P.Ws. could not identify him because his back was towards them. Muhammad Aslam who : complainant in the case and cousin of the victim, his brother Muhammad Younas and their sister's husband Muhammad Akbar who are named as witnesses in the F.I.R. have sworn affidavits in favour of the petitioner. All of them are present in the Court and confirm the genuineness o the contents of the affidavits sworn by them.

3. In the above circumstances, it is a case of further enquiry. Accordingly, I admit the petitioner to bail in the sum of Rs.10,000 with two sureties in the like amount to the satisfaction of A.C. Pakpattan.

S.A. Bail accepted.

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