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Criminal Miscellaneous No.1108-B of 1986, decided on 17th December, 1986.
---S.497--Offence of Zina (Enforcement of Hadood) Ordinance (VII of 1979), Ss.10 & 11--Bail, grant of--Prosecutrix allegedly abducted and raped by petitioner alongwith co-accused--Abductee and complainant having effected compromise with petitioner and affidavits of prosecution witnesses including that of abductee placed on record Petitioner allowed bail, in circumstances.
Malik Muhammad Salim and Khan Muhammad Salim for Petitioner.
Tasaddaq Hussain Jilani, A.A.-G. for the State.
Mst.Maqsood Mai wife of the complainant Kabir Khan had allegedly been abducted and raped by the petitioner and another. A case (FIR No.230 of 1986) was, therefore, registered at police station Kot Chhutta on 7-10-1980 at the instance of aforementioned Kabir Khan. The petitioner bail plea was declined by the Additional Sessions Judge, hence this application.
2. It is contended that the abductee and the complainant have effected compromise with the petitioner. Affidavits of prosecution witnesses including that of Mst.Maqsood Mai, abductee, have been placed on record. Mst. Maqsood Mai who is present in Court is identified by Inspector Muhammad Anwer. She has owned her affidavit.
3. In the circumstances, I feel inclined to allow this petition. Niaz Ahmad, petitioner, shall be released subject to his furnishing bail bond in the sum of Rs.25,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, D.G.Khan.
S.G.D./N-42/L Bail granted.
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