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Criminal Miscellaneous No. 1041-B/BWP of 1982, decided on 24th October, 1982.

---S. 497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 16 & 10(2)--F.I.R. lodged after 3 years--No direct evidence of commission of Zina found on record--Question of guilt of accused, held, required further enquiry--Bail granted.

Haji Riaz-ud-Din Ahmad Khan for Petitioner.

G.M. Bodla for the State.

Abdul Nabi Chaudhary, for the Complainant.

This is an application for bail on behalf of Ghulam Nabi petitioner in a case under section 16/10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at P.S. Faqirwali, vide F.I.R. No. 119 of 1982.

2. The prosecution case is that the petitioner abducted Mst. Hafeez Begum and thereafter, continued committing Zina with her.

3. Learned counsel for the petitioner submits that there is a delay of 3 years in lodging the F.I.R. and that Mst. Hafeez Begum was the legally-wedded wife of the petitioner.

As against this, the learned counsel for the State assisted by the learned counsel for the complainant submits that Mst. Hafeez Begum was the wife of the complainant who having not divorced her, the petitioner has been committing Zina, punishable under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and as such she is not entitled to the concession of bail.

4. After hearing the learned counsel for the parties, I find that the F.I.R. has been lodged after 3 years. Mst. Hafeez Begum having been challaned, there is no direct evidence of the commission of Zina on record.

In these circumstances, I am of the opinion that the question of the guilt of the petitioner requires further enquiry. He is allowed bail in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of A . C ., Haroonabad.

S. A./4614/L Bail granted.

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