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Criminal Miscellaneous No. 1625-B of 1985, decided on 31st July, 1985.
---S.497--Penal Code (XLV of 1860), S.380--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10 & 11--Bail, grant of--Co-accused already on bail--Complainant no more insisting on' his complaint and wishing to withdraw same--Case of accused being identical to his co-accused, bail granted to accused in circumstances.
Mahmoodul Haq Thanvi for Petitioner.
Farooq Bedar A.A.-G. for the State.
This is a petition for bail. A case is registered against the petitioner under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, read with section 380, P.P.C. at Police Station Mozang, Lahore on 12-5-1985. The allegation against the petitioner was that he was committing Zina with Mst. Nusrat Begum. It is submitted by learned counsel that the co-accused of the petitioner has already been admitted to bail by the Sessions Court for the reason that the complainant had got the case registered against the petitioner and his co-accused under a misunderstanding and that he was prepared to withdraw the complaint. However, while admitting the co-accused of the petitioner to bail the Sessions Court dismissed the application for the grant of bail to the petitioner. Learned Assistant Advocate-General is present and he concedes that the co-accused of the petitioner hash been allowed bail mainly for the reason that the complainant is no more insisting on his complaint and wants to withdraw the same and that if the co-accused could be allowed bail, the case of the present petitioner is identical and, therefore, he should also have been allowed bail. Since this is the position, the petitioner is also admitted to bail subject to his furnishing security in the sum of Rs.15,000 (Rupees fifteen thousand) with one surety in the like amount to the satisfaction of the Deputy Registrar of this Court.
This petition is disposed of.
S.A. /773/L Bail allowed.
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