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Criminal Miscellaneous No. 165/13 of 1985, decided on 11th March, 1985.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), 5.411/457/380‑‑Main accused released on bail while co‑accused refused bail by trial Court‑‑Both orders by trial Court in conflict with each other‑‑Co‑accused admitted to bail in view of observations made by trial Court.
Ch. Muhammad Hussain Chhichhar for Petitioner.
Akhtar Shabbir, Asstt. A.‑G. for the State.
Date of hearing: 11th March, 1985.
This is an application for bail. A case is registered against the petitioner under section 411/457/380, P.P.C. read with section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 on 20‑9‑1984 at Police Station Depalpur. The main accused in the instant case, namely, Muhammad Iqbal, has already been admitted to bail by the Additional Sessions Judge‑II Okara, dated 21‑10‑1984, certified copy of whose order has been placed on the record. He, however, refused the application for the grant of bail to the petitioner vide his order dated 6‑11‑1984. Both these orders are on record and they are in conflict with one another. If the main accused, namely, Muhammad lqbal has been admitted to bail there is no reason why the present petitioner should also not be admitted to bail. In the light of the observations made by the Additional Sessions Judge in his order dated 21‑10‑1984 admitting Muhammad lqbal co‑accused to bail the present petitioner is also admitted to bail subject to his furnishing security in the sum of, Rs. 10,000 with two sureties each in the like amount to the satisfaction of the Assistant Commissioner/ Duty Magistrate Okara. This petition is disposed of.
A.A. Bail granted.
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