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MST. NAZIR KHATOON versus THE STATE


Criminal Code of Conduct (CRPC) Section 497 Adultery Guarantee Bail in these circumstances after the accused has given birth to a child five months in jail.

1986 P C r. L J 1753 (2)

[Lahore]

Before Qurab Sadiq Ikram, J

Mst. NAZIR KHATOON‑‑Petitioner

Versus

THE STATE Respondent

Criminal Miscellaneous No. 938/B of 1985, decided on 22nd September 1985.

Criminal Procedure Code (V of 1898)

‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10/16‑‑Bail, grant of‑‑Illicit intercourse‑‑Two and a half months delay in lodging F.I.R.‑‑Accused in judicial lock‑up for about five months‑‑Accused having given birth to child in prison‑‑Bail granted in circumstances.

Asif Saeed Khan Khosa for Petitioner.

Muhammad Rafiq Khan for the State.

ORDER

This is petition for bail on behalf of Mst. Nazir Khatoon who is accused of offences under section 10/16, Ordinance VII of 1979. It is alleged that she had illicit intercourse with her co‑accused Muhammad Khan.

2. I have heard the learned counsel for the petitioner and the learned counsel for the State and have also perused the record. There is delay of 2J months in lodging of the F. I. R. and the petitioner is in judicial lock up for the last about 5 months. The petitioner is stated to A have given birth to a child in prison. In view of this Mst. Nazir Khatoon is allowed bail on her furnishing of bail bonds in the sum of Rs.5,000 (Rupees five thousand only) with one surety in the like amount to the satisfaction of A. C./Duty Magistrate, Alipur.

S.A. Bail accepted.

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