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Criminal Miscellaneous No. 307113 of 1985/BWP, decided on 17th March, 1985.
‑‑‑S.497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 11‑‑Bail, grant of‑‑Abductee in her statement recorded under 164, Cr. P.C. not levelling allegations of Zina against accused persons‑‑Age of abductee shown as 18 years‑‑Question of abduction in order to subject abductee to sexual intercourse, held, required further inquiry‑‑Bail granted.
Malik Farrukh Mahmood for Petitioners.
Muhammad Fahim Riaz for the State,
This is an application by Muhammad Yasin and Muhammad Shafi petitioners for bail in case under section 11 of the Offence of Zina, (Enforcement of Hudood) Ordinance, 1979 registered at Police Station Dera Nawab Sahib vide F.I.R. No.23/85.
2. The prosecution case is that the petitioners abducted Mst. Tahira Parveen in order to subject her to sexual intercourse.
3. Learned counsel for the petitioners submits that there are no allegations of Zina against the petitioners. Conversely, the learned counsel for the State has opposed the plea for the bail of the petitioners on the ground that there is sufficient evidence to connect the petitioners with the abduction of Mst. Tahira Parveen, a minor girl aged 13 years.
4. I have considered the arguments advanced by the learned counsel for the parties with care. I find that in her statement recorded under, section 164, Cr.P.C., Mat. Tahira Parveen has not levelled allegations of Zina by the petitioners with her; that she has been married to one Muhammad Hanif on 2‑3‑1985 and her age has been shown as 18 years and that the question of abduction in order to subject her to sexual intercourse requires further inquiry.
5. For what has been stated above, the petitioners are allowed bail in the sum of Rs.10,000 with one surety each in the like amount to the satisfaction of A.C/Duty Magistrate, Bahawalpur.
H.A.K. Bail granted.
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