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Criminal Miscellaneous No. 469‑B of 1984/BWP, decided on 8th May. 1984.

‑‑-----S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10(3), 11 & 16‑‑Bail, grant of‑‑Case of accused found to be at par with his co‑accused who had been already enlarged on bail‑‑Fact whether one of co‑accused who had allegedly married abductee would allow accused to commit rape with wife of co‑accused (abductee) requiring further inquiry‑‑Bail allowed to accused in circumstances.

Pirzada M. Afzal Nizami and Malik Muhammad Aslam for the Complainant.

Malik Muhammad Akbar for the State.

Date of hearing: 8th May, 1984.

Manzoor Ahmad stands arrested in a case registered against him and few others under sections 11, 16 and 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Sadar Bahawalpur. He applied to the Addl. Sessions Judge‑I, Bahawalpur for the grant of bail but remained unsuccessful, hence this petition.

2. According to the prosecution Mst. Zohra Mai daughter of Allah Bakhsh complainant disappeared from her house on 19‑3‑1982. Allah Bakhsh learnt through Ghulam Mustafa and Ghulam Yasin that she was seen standing in the company of Muhammad Murad, his son Manzoor Ahmad, his wife Mat. Anwar Mai, Zahoor Mai wife of Manzoor Ahmad at Paras Textile Mill Bus‑stand. On the basis of this information Allah Bakhsh lodged report about a month later (15‑4‑1982) with the police. During the investigation abductee Mst. Zohra Mai herself appeared on 24‑4‑1982 and stated that she was abducted by Zahoor and Anwar and was then handed over to Manzoor Ahmad petitioner and Abdul Hamid his co‑accused who took her away at the point of knife on a motor‑cycle and then raped her alongwith one Allah Bachaya. She was medically examined and was found to be an old case of sexual intercourse and her age was found to be 15 years.

3. It may be stated that Abdul Hamid co‑‑accused of the petitioner took up a plea that the prosecutrix of her own accord contracted marriage with him. An affidavit, dated 14‑2‑1982 shown by the abductee has been relied upon wherein she posed her as a major lady and expressed her intention to marry Abdul Hamid co‑accused of the petitioner. Abdul Hamid as well as Allah Bachaya co‑accused of the petitioner have since been enlarged on bail.

4. I have heard the learned counsel for the petitioner as well as for the State and also perused the record.

5. Admittedly the other two accused namely Abdul Humid and Allah Bachaya who were also accused of having committed rape with the abductee have been bailed out and the case of the petitioner is quite at par with them. Besides this it requires inquiry whether Abdul Humid co‑accused of the petitioner who had allegedly married the abductee would at all allow the petitioner to commit rape with his wife (abductee). For this reason and also due to the fact that the petitioner's case is identical to those accused who have already been extended the concession of bail, I am inclined to allow bail to the petitioner as well. Resultantly this petition is allowed. The petitioner is directed to be released on bail subject to his furnishing bond in the sum of Rs.10,000 (Rupees ten thousand only) with one surety in the like amount to the satisfaction of the A.C./Duty Magistrate. Bahawalpur.

H.A.K. Bail allowed.

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