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Criminal Miscellaneous No. 1591‑B of 1985, decided on 13th July, 1985.

‑‑‑S. 11‑‑Bail, grant of‑‑Abductee not recovered‑‑Witnesses cited in F.I.R. having sworn affidavits deposing their ignorance about occurrence‑‑Accused admitted to bail in circumstances of case.

C.M. Latif Rawn for Petitioners.

Sh. Naseer‑ud‑Din for the State.

Akhtar Kahloon and Zahid Mahmood petitioners, who alongwith others are involved in a case under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, arising out of F.I.R. No. 80, dated 5‑5‑1985, registered at Police Station Sangla Hill, District Sheikhupura, have sought to be released on bail.

2. It has been alleged that on 4‑5‑1985, at & a.m. Mst. Khalida Bibi abductee aged 15/16 years, student of 10th Class, who happened to be the daughter of Mst. Naziran Bibi, the complainant, went to school, but thereafter did not return. Earlier she had received a letter which was torn by her. She informed her mother that a few undesirable boys namely, Akhtar Kahloon, Zahid Mahmood, Nawaz Bhatti, Arif Chattha and Nasar Chattha used to pester her when she went to school. On the day of occurrence her mother was informed by Muhammad Siddique son of Ilam Din and Muhammad Hussain son of Chiragh Din that they had seen Mst. Khalida Bibi abductee boarding a bus in the company of Akhtar Kahloon, Zahid Mahmood, Nawaz Bhatti, Arif Chattha and Nasar Chattha.

3. The abductee has not so far been recovered. Muhammad Siddique son of Ilam Din and Muhammad Hussain son of Chiragh Din, aforesaid witnesses have sworn affidavits deposing that they were quite unaware of the occurrence and that they had not seen Mst. Khalida Bibi going in the company of anybody and that they did not tell Mst. Naziran Bibi complainant that they had seen Mst. Khalida Bibi going in the company of petitioners and their co‑accused.

On the basis of the affidavits sworn by Muhammad Siddique ands Muhammad Hussain, Nawaz Bhatti co‑accused has already been released on bail. The petitioners have also been exonerated by Muhammad Siddique and Muhammad Hussain, the only persons cited as witnesses in the F.I.R. through their affidavits. The petitioners are, therefore, also admitted to bail in the sum of Rs.25,000 (Rupees twenty‑five thousand only) each with one surety each in the like amount to the satisfaction) of the A.C., Sheikhupura.

S.A. Bail granted.

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