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Criminal Miscellaneous No. 2347-B of 1981, decided on 31st August, 1981.

---S. 497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10--Co-accused in similar circumstances granted bail by Sessions Judge--Bail granted to accused by High Court.

Shaukat Haroon for Petitioner.

Sardar Muhammad Khurshid for the State.

This is an application for bail on behalf of Muhammad Hussain in a case under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at P.S. Mananwala vide F.I.R. No. 86, dated 13-4-1981.

The allegations against the petitioner are that he was seen committing Zina with Mst. Zainab Bibi on the night between 12/13-4-1981.

2. Learned counsel for the petitioner submits that the petitioner is an old man i.e. more than of 60 years in age and the ground on which the bail was granted to the co-accused is equally available to him. He further submits that the learned Sessions Judge in his order after having held that the allegations against the co-accused that she was seen committing Zina with the petitioner were doubtful was not justified in refusing bail to the petitioner.

3. Learned counsel for the State is not in a position to controvert this aspect of the matter.

4. Without expressing any opinion lest it may prejudice the case of either party, I am of the view that the matter enquires further inquiry. The petitioner is allowed bail in the sum of Rs.10,000 (Rupees tent thousand) with one surety in the like amount to the satisfaction of A. C./Duty Magistrate, Sheikhupura.

S. A./4607/L Bail granted.

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