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Petitioner: WAJID ALI ALIAS SHAHEEN VS Respondent: THE STATE
1988 P Cr
1988 P Cr. L J 1975
[Lahore]
Before Abdul Waheed, J
WAJID ALI alias SHAHEEN‑‑Petitioner
versus
THE STATE‑‑Respondent
Criminal Miscellaneous No. 86/B of 1987, decided on 4th March, 1987.
Criminal Procedure Code (V of 1898)‑
‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance `s (VII of 1979), Ss.10 & 11‑‑Bail, grant of‑‑Abductee aged 13 years not alleging commission of Zina by accused in her statement under S.164, Cr.P.C.‑‑Bail granted in circumstances.
Ibad‑ur‑Rehman Lodhi for Petitioner.
Muhammad Nawaz Abbasi, A.A.‑G. for the State.
Mian Tariq Mehmood for the Complainant.
ORDER
This is an application for post‑arrest bail on behalf of Wajid Ali alias Shaheen in a case under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 registered against him at P.S. Sadiqabad, Rawalpindi on 26th of November, 1986.
2. On 26th November, 1986 Muhammad Rafique lodged a report at P.S. Sadiqabad alleging that Mst. Sabar Jan alias Tido, aged 13 years his niece had gone out on 23rd November, 1986 at 4‑00 p.m. for some purchase but had not returned and apprehending that she might have been abducted by the petitioner for committing Zina as he had developed illicit liaison with her.
3. Mst. Sabar Jan was recovered by the police of District Marda on 27th of November from the petitioner. On 2nd of December, 198 the statement of Mst. Sabar Jan was recorded under section 164, Cr.P.C. She stated that she had been abducted by the petitioner. However, she denied that he had committed any excess with her.
4. Learned counsel for the petitioner argues that since the abductee had not alleged in her statement under section 164, Cr.P.C. that the petitioner committed Zina with her, the case against hi needs further inquiry. This argument is not devoid of force. Therefore, the petitioner is allowed bail in the sum of Rs.10,00 (Ten thousand) with one surety in the like amount to the satisfaction of A . C . City Rawalpindi
S.A./W‑33./L Bail granted.