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Criminal Miscellaneous No.1992/B of 1987, decided on 4th July, 1987.

---S.497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10 & 11--Bail, grant of--No allegation of commission of Zina against petitioner and at the most case was one of elopement of abductee with co-accused--Petitioner allowed bail, in circumstances.

M. Iqbal Cheema for Petitioner.

This is an application for grant of bail to Muhammad Akram petitioner in a case under section 10/16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at P.S. South Cantt. Lahore vide FIR No.86/87 dated 17-4-1987.

2. The prosecution case is that the petitioner and others took away Mst. Yasmeen wife of Ghulam Hussain complainant in order to subject her to illicit intercourse.

3 Learned counsel for the petitioner submitted that there is no evidence of the Commission of Zina by the petitioner with the alleged abductee and that it is a case of elopement of Mst. Yasmeen with Pappu co-accused. Learned counsel for the State has opposed this application.

9 I have considered the submissions made by the learned counsel for the parties with care. I find that there are no allegations of the commission of Zina against the petitioner and that the prosecution case is that when the complainant came to his house from duty, he found that the house was locked and his wife was missing. On opening the lock he found" that golden ornaments weighing 4 tolas and Rs.6,000/- had also been removed from the house.

For what has been said above, I feel that a case for grant of bail to the petitioner has been made out. He is, therefore, allowed bail in the sum of Rs.10, 000/- with one surety in the like amount to the satisfaction of A. C . /Duty Magistrate City, Lahore.

S.G.D./M 290/L.

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