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Petitioner: RIASAT ALI VS Respondent: THE STATE
1988 P Cr
1988 P Cr. L J 292
[Lahore]
Before Khizar Hayat, J
RIASAT ALI--Petitioner
versus
THE STATE--Respondent
Criminal Miscellaneous No. 3636/B of 1987, decided on 27th October, 1987.
Criminal Procedure Code (V of 1898)--
---S. 497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10--Bail, grant of--Admittedly no ocular evidence about petitioner's having committed Zina with complainant's wife--Petitioner's case identical with that of co-accused already allowed bail--Applying rule of consistency, petitioner was also allowed bail.
Ch. Zamir Ahmad for Petitioner. Hafiz Ghulam Bari for the State.
ORDER
Muhammad Anwar complainant lodged FIR No. 227 at Police Station Dera Rahim on 21-10-1986 alleging that his wife Mst. Sakina had given birth to a child which she had conceived from her paramour, the petitioner. Mst. Sakina as well as the petitioner were arrested in this case. Mst. Sakina was however, allowed bail by me on 17-3-1987 (Criminal Miscellaneous 182/b/87) observing that the complainant in his written statement filed before the Family Judge in a suit for dissolution of marriage of Mst. Sakina that she had been performing marital obligations in his house.
2. The petitioner's bail plea was declined by the lower Court. Hence this petition.
3. I have heard the learned counsel for the petitioner and State and perused the record appended with petition. Admittedly there is no ocular evidence about the petitioners having committed Zina with Mst. Sakina wife of the complainant. In the circumstances the petitioner's case is identical to that of Mst. Sakina who has already been allowed bail by me. Applying the rule of consistency I allow this petition. The petitioner be released subject to his furnishing bail bond in the sum of Rs.10,000 (Rupees ten thousand only) with one surety in the like amount to the satisfaction of A. C . /Duty Magistrate, Sahiwal.
S. G. D./R-47/L Bail allowed.