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Criminal Miscellaneous No. 5361 of 1986, decided on 26th January, 1987.
‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 11 & 18‑‑Bail, grant of‑‑Allegedly petitioners tried to abduct a woman but with timely arrival of prosecution witnesses failed in their mission and fled away‑‑Case contended to be an outcome of matrimonial enmity between parties and result of Watts marriages and suit for restitution of conjugal rights already pending against alleged abductee in a Family Court‑‑Co‑accused with almost similar allegations admitted to bail by Court‑‑Question whether provisions of Zina Ordinance, 1979 attracted or not to the case in circumstances, yet to be determined‑ Petitioners allowed bail.
Sardar Muhammad Latif Khan Khosa for Petitioners.
Date of hearing: 26th January, 1987.
Muzaffar Khan and Zaffar Khan petitioners alongwith three others are charged with the attempted abduction of Mst. Azizan Bibi on 10‑10‑1985.
2. It is stated that the accused tried to abduct Mst. Azizan Bibi but with the timely arrival of the P.Ws. they could not succeed in their mission and fled away in a wagon. It is contended that there is a delay of 5 days in reporting the matter to the police station, further that initially the case was registered under section 148/354/149, P.P.C. and the petitioners had been admitted to bail but subsequently Article 11 read with Article 18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 were added and the petitioners again applied for bail and their application was dismissed. It is stated that the case is outcome of matrimonial enmity between the parties and is the result of Watts marriages. Zaffar petitioner has filed a suit for restitution of conjugal rights against Mst. Azizan Bibi which is pending in the Family Court. Bhakkar. The other co‑accused with almost similar allegations are stated to have been admitted to bail by the learned trial Court.
3. From the circumstances narrated above, it is yet to be seen as to whether the provisions of Offence of Zina (Enforcement of Hudood) Ordinance, 1978 are attracted or not. Accordingly, I admit the petitioners to bail in the sum of Rs.15,000 each with two sureties in the like amount to the satisfaction of A.C./Duty Magistrate, Bhakkar.
S.G.D./M‑55/L Bail allowed.
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