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Criminal Miscellaneous No. 514‑B of 1986, decided on 8th April, 1986.
‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10/11‑‑Bail, grant of‑‑F.I.R. by husband of abductee contradicted by statement of abductee‑‑Abductee allegedly stayed with accused for about a month disappearing later from there and coming to house of her parents‑‑Implicating accused after keeping quiet for nine days‑‑Case for bail to accused, held, was made out in circumstances.
Muhammad Wasi Zafar for Petitioner.
Malik Abdur Rehman for the State.
Date of hearing: 8th April, 1986.
Nawaz petitioner and three others are accused of the offence under section 10/11 of the Hadood Ordinance, 1979. The case was registered against them at Police Station Saddar Gujranwala on 8‑4‑1985.
2. Mst. Riaz Begum wife of Mahboob Hussain informant was allegedly abducted by Sardar, his wife Mst. Fatima, Nawaz petitioner and Azam. On a false pretext she was made to leave her home. Later she was taken by Nawaz and Azam to a village where she was locked up in a room. , Petitioner Nawaz allegedly raped her for about a month. Later she managed to reach her parents home at Sialkot and her statement was recorded about 9 days later in which she accused Nawaz of rape. In the F.I.R. which was recorded on 8‑4‑1985 her husband Mahboob alleged that Sardar accused was on visiting terms with him and had developed connection with his wife Mst. Riaz.
3. Learned counsel for the petitioner contended that Mst. Riaz in order to protect her paramour Sardar has accused Nawaz of rape, in fact the principal offender was Sardar which fact has also been asserted by her husband in the F.I.R. Without prejudice to the case of the prosecution, besides the aforementioned contradiction pointed out by the learned counsel for the petitioner, her stay for about a month in a village and her later disappearance from there and coming over to her parents where she kept quiet for about 9 days, are circumstances which make out a case for bail to the petitioner. He is, therefore, allowed bail in the sum of Rs.10,000 (ten thousand) with two sureties in the like amount to the satisfaction of the A.C./Duty Magistrate, Gujranwala.
S.A. Bail allowed.
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