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Criminal Miscellaneous No. 997/B of 1985, decided on 2nd October, 1985.
‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.11‑‑Bail, grant of‑‑Allegation of trying to take complainant away by catching from arms and legs‑‑No allegation of rape or abduction of complainant by accused‑‑Bail granted in circumstances.
1985 S C M R 1443 ref.
Asif Saeed Khosa for Petitioners.
Syed Tasaddiq Hussain Jillani, A.A.‑G. for the State.
Date of hearing: 2nd October, 1985.
This is a petition for bail on behalf of Mushtaq Ahmad and, two others against whom initially the case was registered under section 354/34, P.P.C. Subsequently, Article 11 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 was added. Mst. Zubeda complainant alleged in the F.I.R. that after attending her sister at 12‑00 midnight in between the night of 19th/20th October, 1984, she was returning home. The three petitioners met her in the way. They tried to forcibly take her in the house of Ashiq and caught her from her arms and legs. She raised alarm which attracted Muhammad Iqbal, etc. P.Ws. The learned counsel fox the petitioners relying on. 1985, SCMR 1443 has argued that at the most it is a case under section, 354/34, P.P.C.
I have seen the record. There is no allegation of rape or abduction of the complainant by three accused. They are admitted to bail on their furnishing of bail bonds in the sum of Rs.5,000 (Rupees five thousand) each with one surety each in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, Muzaffargarh.
S.A. Bail granted.
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