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Criminal Miscellaneous No. 3341/B of 1986, decided on 22nd December, 1986.
---S. 497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10 & 16--Bail, grant of--Neither any allegation of commission of offence of Zina against petitioner in F.I.R. nor any evidence collected to this effect--Petitioner, allowed bail, in circumstances.
Seerat Hussain Naqvi for Petitioner.
Saleem Ahmad for the State.
Mst. Sheema petitioner, who was involved in a case under sections 16 and 10 of the Offence of Zinc (Enforcement of Hudood) Ordinance, 1979, arising out of F.I.R. No. 376/86, dated 18-9-1986, registered at Police Station, Depalpur, District Okara, has sought to be released on bail.
2. It has been alleged that one Allah Ditta, a co-accused of the petitioner, developed illicit relations with her through the good offices of his wife Mst. Naseem Begum, whose parents lived in the neighbourhood of Muhammad Bashir complainant, the husband of the petitioner. On 10-9-1986, the petitioner was abducted by Allah Ditta and his wife in a Ear bearing No. GAC-418 for illicit purposes.
3. From the allegations contained in the F.I. K., as detailed above, no role has been ascribed to Mst. Sheema petitioner who is said to be the Abductee in the case. It has not been alleged in the F.l.R. that she was liable for Zing punishable under section 10(9) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1970,
4. It has, however, been contended on behalf of the State that Mst. Sheema being a consenting party to her abduction was guilty of the offence of Zina under section 10(2) ibid. This contention is without any substance Neither there is any allegation of the commission of offence of Zina against the petitioner to the F.l.R. nor any evidence to that affect has been collected, as transpires from the records of investigation.
5. In the above circumstances, the petitioner is admitted to bail in the sum of Rs.16,000 with one surety in the like amount to the satisfaction of the A . C . Depalpur.
S. G. D . /754/L Bail allowed.
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