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---S. 497--Penal Code (XLV of 1860), S. 302/364--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10 & 16--Bail, grant of--Petitioners allegedly seen talking to deceased a day prior to her abduction and were amongst the accused in the wagon with deceased besides their making extra-judicial confession showing their involvement--One of petitioners even not named in F.I.R. as abductor while other a lady, having a suckling baby--Petitioners allowed bail, in circumstances.

Raja Abdur Razzaq for Petitioners.

M.A.S. Najam and Ch. A. Rashid for the Complainant.

M. Saleem Mitha for the State.

This is a petition for bail on behalf of Haq Nawaz and Mst. Hajran who alongwith others are involved in a case under sections 302 and 364/ 109, P.P.C. and Articles 10 and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.

2. The case was registered on a written complaint made by Talib Hussain complainant before the D.S.P. on 23-6-1986 wherein he alleged that his sister Mst. Manzooran was married with Umar Daraz about 20/21 years back. Co-accused Wali Muhammad developed illicit relations with her. A week earlier Mst. Hajran, sister of Wali Muhammad, visited the house of Mst. Manzooran and talked with her in privacy. About 2 hours later she took her away on the pretext of making water whereafter she did not return. Sarfaraz and Muhabbat informed him (the complainant) that they have seen Wali Muhammad, Zulfiqar, Sher Ali and Mst. Hajran taking away Mst. Manzooran in a wagon upon which they chased the accused persons but they succeeded in taking away Mst. Manzooran.

During the investigation co-accused Wali Muhammad led to the recovery of a number of human bones, clothes and bangles etc.

Learned counsel for the petitioners submits that there is absolutely no evidence to connect the petitioners with the commission of offence. Learned counsel for the State and the complainant submits that the evidence collected by the Investigating Agency against the petitioners is; (1) they were seen by Haq Nawaz and Khan P.Ws. talking with Mst. Manzooran a day prior to her abduction; (2) Mst. Hajran petitioner waslA amongst the accused who were seen in the wagon with Mst. Manzooran deceased; and (3) both the petitioners made confession before Maqboo Elahi and Ghulam Muhammad P.Ws. that they had conveyed the message of Wali Muhammad to Mst. Manzooran that she should see him upon which she gave them a message for Wali Muhammad that he should first show his face to her and they also conveyed this message to Wali Muhammad. Prima facie this material 'is not enough to connect the petitioners with the offences with which they have been charged. Haq Nawaz petitioner does not figure in the list of abductor named in the F.I.R. Mst. Hajran petitioner is admittedly having a suckling baby. In the circumstances a case for their enlargement is made out. I, therefore, admit them to bail in the sum of Rs.25,000 each with two sureties each in the like amount to the satisfaction of A.C., Shorkot.

S.G.D./H-21/L Bail allowed.

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