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RIAZ versus THE STATE


Criminal Code of Criminal Procedure (CRPC) Section 497 Adultery (Enforcement Hood) Ordinance (VII of 1979), Section 18 Bail, Grant of the accused, 17-year-old boy for allegedly committing adultery with a 45-year-old woman. Was accused of trying to commit. Only conditions are allowed to guarantee this effort

1986 P Cr. L J 2878

[Lahore]

Before Ghulam Mujaddid Mirza, J

RIAZ‑‑Petitioner

Versus

THE STATE‑‑Respondent

Criminal Miscellaneous No. 939/B of 1985, decided on 6th May, 1985.

Criminal Procedure Code (V of 1898)

‑‑‑--S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 18‑‑Bail, grant of‑‑Accused, a boy of 17 years allegedly attempting to commit Zina with a woman of 45 years‑‑Allegation was merely that of attempt‑‑Bail allowed in circumstances.

Shah Ahmad Khan Baluch for Petitioner.

Muhammad Sharif Butt for the State.

Date of hearing: 6th May, 1985.

JUDGMENT

Riaz son of Bashir has been challaned under section 18 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979.

2. The allegation against the petitioner, who is a boy of 17, is that he attempted to commit Zina with Mst. Rajan Bibi, aged 45 years, while she was taking bath on a tubewell.

3. The petitioner, after his arrest, twice applied for bail before the Sessions Judge, Gujranwala. Both the applications were dismissed by orders, dated 7‑3‑1985 and 2‑4‑1985, respectively.

4. Counsel appearing in support of this petition submitted that the case against the petitioner is false and has been registered due to enmity. He further submitted that even otherwise the offence is bailable.

5. The allegations merely that of attempt I, therefore, admit the petitioner to bail in the sum of Rs.20,000 (twenty thousand) with one surety in‑the like amount to the satisfaction of Assistant Commissioner, Hafizabad.

H.A.K. Bail allowed.

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