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Criminal Miscellaneous No. 2883/B of 1986, decided on 17th November, 1986.
---S. 497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10 & 16--Bail, grant of--No direct evidence of Zina- Allegations prima facie making out case of elopement--Accused admitted to bail in circumstances.
Arshad Mobin Anwari for Petitioner.
Rana Saeed Ahmad for the State.
Ghulam Muhammad alias Gammi petitioner has moved this petition for bail in a case registered against him and others under Articles 10 and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979.
2. The prosecution version is that Ghulam Muhammad petitioner developed illicit relation with Mst. Nasreen daughter of Mangta complainant. About 22/23 days prior to 12-6-1986 Mst. Ghulam Fatima alias Phappi took away Mst. Nasreen from her house when her parents were away whereafter she did not return. The complainant searched for her and during the course he was informed by Muhammad Rafiq and Siraj Din that they had seen the petitioner, Mst. Nasreen and Mst. Phappi boarding a bus for Faisalabad. The complainant checked the household effects and found that a sum of Rs.3,000 and some golden ornaments were missing.
3. I have heard the learned counsel for the parties. Learned counsel for the petitioner contends and learned counsel for the State concedes that there is no direct evidence about the commission of Zina. The allegations prima facie show that it was a case of elopement. In the circumstances, a case' for the enlargement of the petitioner is made out. I, therefore, admit him to bail in the sum of Rs.25,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, Faisalabad.
S. A. Bail allowed.
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