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Criminal Miscellaneous No. 866‑B of 1986, decided on 16th April, 1986.
‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10 & 11‑‑Bail, grant of‑‑Story of abduction prima facie appearing to be improbable‑‑Accused, being a woman allowed bail.
‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10 & 11‑‑Bail, grant of‑‑Story of abduction appearing to be improbable‑‑Alleged abductee was also found to be accused by prosecution‑‑ Abductee found at bus‑stop where accused was standing‑ Mere presence of accused at bus‑stop, held, would not mean ‑that abductee was recovered from him‑‑Bail granted.
Mian Muhammad Jamil Akhtar for Petitioner.
Ashiq Hussain Malik for Respondent.
Sardar Muhammad Khurshid for the State.
Mst. Zabeen Akhtar and Mushtaq petitioners are accused of the offences under section 10/11, Offences of Zina (Enforcement of Hudood) Ordinance, 1979. The case was registered against them at Police Station, Sargodha on 7‑7‑1985.
2. Mst. Zabeen Akhtar petitioner in her statement under section 164, Cr.P.C. alleged that she was drinking water in the street from a tap when Mst. Jafferi took her to her house and there she was locked her up in a room with Mushtaq. Later Mushtaq's mother and sister took her in the Cantonment area from where she was taken in a car. She alleged rape against Mushtaq. Without prejudice to the case of the prosecution, the story of abduction prima facie appears to be improbable. It appears for this reason perhaps the prosecution has also accused A Mst. Zabeen Akhtar with Mushtaq. Being a woman, Mst. Zabeen Akhtar is allowed bail in the sum of Rs.5,000 with two sureties each in the like amount to the satisfaction of A.C./Duty Magistrate, Sargodha.
In so far as Mushtaq is concerned, Mst. Zabeen Akhtar has not been recovered from him. They were both standing at the bus‑stop where Mst. Zabeen Akhtar was found. Presence of Mushtaq at the bus‑stop would not amount that Mst. Zabeen Akhtar was recovered from his custody. He is also allowed bail in the sum of Rs.5,000 with two sureties each in the like amount to the satisfaction of A . C . /Duty Magistrate, Sargodha.
H.A.K. Bail granted.
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