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Criminal Miscellaneous No.963 of 1983, decided on 14th May, 1983.
---S. 497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 13 & 14--Bail, grant of--Co-accused allegedly let on hire to petitioner for purpose of illicit intercourse in presence of two persons but such persons having sworn affidavits and disclaiming to have witnessed such occurrence and allegedly forced by Police to become witnesses- -Co-accused allowed bail, in circumstances.
R . A . Awan for Petitioner.
Ashtar Ali for the State.
Munawar Ali petitioner has moved this petition for bail in a case registered against him and others under sections 13 and 14 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. Criminal Miscellaneous No. 290-B of 1982 previously filed by him was dismissed by me on 17th November, 1982.
2. The prosecution version was that on 15th September, 1982 co-accused Mst . Shagufta was let on hire by co-accused Din Muhammad to Munawar Ali petitioner for the purpose of illicit intercourse. The transaction was settled in the presence of Qasid Ali and Muhammad Saleem P . Ws.
3. In the earlier petition it was contended that Qasid Ali complainant has sworn an affidavit to the effect that he became a complainant in this case under the threats of Muhammad Shafiq A.S.I. The petition was, however, dismissed on the ground that if the complainant's version was kept out of consideration even then there remains the evidence of Muhammad Saleem P.W. The learned counsel now submits that both the alleged eye-witnesses namely Qasid Ali and Muhammad Saleem have sworn affidavits that they had not seen any such occurrence and were forced by the police to become eye-witnesses. Their affidavits have been placed on the file. Both of them are present in Court. Muhammad Alam, A.S. I.. has identified them. In the circumstances, tire petitioner is admitted to in the sum of Rs. 10,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner, Lahore City.
S. G Bail allowed.
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