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Criminal Miscellaneous No. 922‑B of 1986/BWP, decided on ,21st: September, 1986.
‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10 & 11‑‑Bail, grant of‑‑Accused last seen with abductee and her paramour‑‑ Abductee and her paramour, not traced so far‑‑No expectation of the main accused being arrested in the near future‑‑No allegation of rape against accused‑‑Case of accused identical with co‑accused already released on bail on similar charge‑‑Bail allowed in circumstances.
Muhammad Ashraf Mohandra for Petitioners.
Sultan Ahmad for the State.
Mst. Gul Rabi wife of Muhammad Ali brother of Darban Shah complainant was allegedly abducted by her paramour Farooq Ahmad with the help of few others including Nausherwan and Ghulam Yasin petitioners in the month of February, 1985. It is alleged that the abductee as well as her paramour Farooq Ahmad have not so far been traced. Ghulam Yasin and Nausherwan petitioners who were allegedly seen going in the company of Mst. Gul Rabi and Farooq Ahmad on the day of occurrence, have been arrested since 10‑11‑1985, and 2‑5‑198b respectively. There is no allegation of rape against them. There is no expectation of the main accused being arrested in the near future. In these very circumstances I had earlier allowed bail to Abdul Sattar co‑accused of the petitioners vide order, dated 15‑3‑1986. The case of the petitioners is identical to aforesaid Abdul Sattar. This petition is also allowed. The petitioners are directed to be released subject to their furnishing bail bonds in the sum of Rs.10,000 each with one surety each in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, Rahimyar Khan.
S. A./G‑1/L Bail granted.
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