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MUHAMMAD ASLAM ALIAS BILLA versus THE STATE


Criminal Code of Conduct (CRPC) Section 497/498 Crimes of Adultery (Enforcement Hood) Ordinance (VII of 1979), Sections 7, 10 and 16 of the Conduct Code (XLV of 1860), Section 380 Bail Procedures Not Inspected The prosecutor's story is extremely irrational. The accused has granted bail

1986 P Cr. L J 779

[Lahore]

Before Ghulam Mujaddid Mirza, J

MUHAMMAD ASLAM alias BILLA‑‑Petitioner

Versus

THE STATE‑‑Respondent

Criminal Miscellaneous No. 2902/11 of 1985, decided on 14th December, 1985.

Criminal Procedure Code (V of 1898)‑‑--

‑‑‑S. 497/498‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.7, 10 & 16‑‑Penal Code (XLV of 1860), S.380‑‑Bail Prosecutrix not examined medically‑‑Prosecution story appearing extremely unreasonable‑‑Accused admitted to bail.

Zafarullah Cheema for Petitioner.

Farooq Bedar, Asstt. A.‑G. for the State.

Date of hearing: 14th December, 1985.

ORDER

I have heard the learned counsel for the petitioner. He has laid great stress on the fact that the prosecutrix was never medically examined.

It was next contended that even if the prosecution story was accepted (without conceding), it was extremely unreasonable.

There appears to be good deal of force in both the submissions. I, therefore, admit the petitioner to bail in the sum of Rs.50,000 (Fifty thousand) with one surety in the like amount to the satisfaction of Assistant Commissioner, Gujranwala.

M.Y.H. Bail granted.

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