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Criminal Miscellaneous No. 3376/B of 1986, decided on 13th January, 1987.
---S. 497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10--Bail, grant of--Except prosecution's solitary statement no evidence of rape produced against petitioner--Petitioner in jail for about 61 months--Case being that of further inquiry, petitioner allowed bail.
Taki Ahmad Khan for Petitioner.
Mirza Bashir Baig for the State.
The petitioner alongwith Muhammad Hanif stands charged with the abduction of Mst. Shamim Bibi aged 15/16 years on 11-6-1986 and committing Zina with her. The matter was reported to the police on 24-6-1986. After recovery her statement under section 164, Cr.P.C. was recorded in which she levelled allegations of abduction and rape against the petitioner.
2. Bail is urged on the grounds that the case is based on false, allegations and Muhammad Hanif co-accused similarly placed had already been admitted to bail by this Court on 6-10-1986. It is further stated that she had filed a complaint in the Court of Illaqa Magistrate, Gujranwala showing her to be the wife of Liaquat Ali petitioner and had also got her statement recorded before the Court to that effect.
3. The petitioner is behind the bars since July, 1986. Except her solitary statement there is no allegation of rape against the petitioner.
In the above circumstances, it appears to be a case of further inquiry. Accordingly, I admit Liaquat Ali petitioner to bail in the sum of Rs.15,000 with two sureties in the like amount to the satisfaction of A . C . , Sialkot.
S.G.D./748/L Bail allowed.
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