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Criminal Miscellaneous No.153/B of 1987, decided on 1st February, 1987.
‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10 & 11‑‑Bail, grant of‑‑Petitioner in custody for over four months yet complete or incomplete challan not put in Court‑‑Petitioner allowed bail, in circumstances.
Muhammad Asghar Rokhari for Petitioner.
Muhammad Ashraf Khan for the State.
Sher Din petitioner is alleged to have deceitfully abducted Mst. Yasmin Janan aged 14/15 years and later committed Zina‑bil‑Jabr with her. The occurrence had taken place on 12‑8‑1985 and the petitioner was arrested on 20‑12‑1985 and is stated to be in jail since then. The challan complete or incomplete has not been put in Court so far. Muhammad Masood, Inspector/S. H.O. P.S. Kalabagh confirms it. He states that an incomplete challan was submitted but it was returned by the prosecution branch on account of certain defects.
2. It is stated that the defects pointed out by the prosecution are being removed and the challan will be filed in Court in due course of time. It is further stated that there are as many as 26 accused in the case and some of the accused are still be arrested.
3. Keeping in view the long detention of the petitioner without the submission of complete or incomplete challan I grant the petition and admit him to bail in the sum of Rs.15,000 with two sureties in the like amount to the satisfaction of A . C . Mianwali.
S:G.D./S‑7/L Bail allowed.
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