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Criminal Miscellaneous No. 2732/B of 1985, decided on 19th November, 1985.
‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 11‑‑Bail, grant of‑‑No allegation of Zina against accused‑ Challan completed and accused no more required by Police‑‑Petitioner allowed bail, in circumstances.
Irshad Hussain Bhatti for Petitioner.
Farooq Bedar Asstt. A.‑G. for the State.
Date of hearing: 19th November, 1985.
Inayat Ullah son of Khadam Hussain Moghal, resident of Mohalla New Area, Tehsil Kharian, District Gujrat, has applied for bail after arrest.
2. A case under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 was registered against him at Police 'Station, Kharian.
3. The report was lodged by Fazal Ahmad, father of abductee, on 19‑3‑1985 at 5.00 p.m.
4. Bail application of the petitioner was dismissed by Additional Sessions Judge, Gujrat by order, dated 17‑9‑1985.
5. Learned counsel for the petitioner submitted that the petitioner had been behind the bars for 7 months and the trial has not yet commenced. There was no allegation of rape against him. There was a delay of four days in lodging the report. Police Station was hardly at a distance of Three furlongs from the place where the alleged incident took place.
6. I have also heard learned A . A . ‑G.
7. It is an admitted position that the allegation against the petitioner is not of rape. Challan has been completed. The person of the petitioner is no more required by the police. I, ther6fore, admit him to bail in the sum of Rs.20,000 (Rupees twenty thousand) with one surety in the like amount to the satisfaction of A.C.Gujrat.
S.G.D. Bail granted.
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