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Criminal Miscellaneous No.1529/B of 1987, decided on 1st June, 19,87.

---S.497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10 & 11--Bail--No allegation of Zina levelled against accused--Accused in jail and no more required for investigation--Bail granted.

M. Asghar Khan Rokhari for Petitioner.

Sh. Ehsan Ahmad for the State.

This is an application for grant of bail to Ghulam Akhtar petitioner in case under section 10/11 of the Offence of Zina (Enforcement of Zina) Ordinance, 1979 and section 368, P.P. C. registered at P.S. Mochh vide FIR No.212 dated 22-12-1986.

2. The prosecution case is that the petitioner and two others abducted Mst. Rashida in order to subject her to illicit intercourse with Ata Muhammad.

3. Learned counsel for the petitioner submits that the petitioner has falsely been involved in the case on account of his relationship with Ata Muhammad, the principal accused and that there are no allegations of zina against him. Conversely the learned counsel for the State has opposed this application on the ground that the alleged abductee in her statement recorded under section 164, Cr.P.C. has involved the petitioner in an offence of abduction.

4. I have considered the submissions made by the learned counsel for the parties with care. I find that there are no allegations of zina against the petitioner; that the prosecution case is that Ata Muhammad co-accused has committed zina with the alleged abductee; that the petitioner is the real nephew of Ata Muhammad co-accused; that the petitioner is in jail and is no more required for investigation.

For what has been said above, the petitioner is allowed bail in the sum of Rs.10,000/ with one surety in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, Mianwali.

M.Y.H./G-53/L Bail granted.

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