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1994 PCRLJ 1265

NAILA VS STATE

Petitioner: NAILA VS Respondent: STATE

Court: Lahore High Court

Full Judgment Text & Judicial Ruling

1994 P Cr

1994 P Cr. L J 1265

[Lahore]

Before Sh. Ijaz Nisar, J

Mst. NAILA---Petitioner

Versus

THE STATE---Respondent

Criminal Miscellaneous No.578/B of 1994, decided on 7th March, 1994,

Criminal Procedure Code (V of 1898)---

--S. 497(2)---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10---Penal Code (XLV of 1860), S.109---Bail, grant of---Except for the police no public witness claimed to have seen the alleged occurrence --- Accused was behind the bars for about six months and her case appeared to be one o further inquiry---Accused was admitted to bail accordingly.

Akhtar Masood Khan for Petitioner.

Syed Fazal Hussain Jaffari for the State.

ORDER

This is a bail application on behalf of Mst. Naila who was arrested by the police. on 29-9-1993 in a case under section 10 of the Offence of Zina (E.O.H.) Ordinance, 1979 and section 109, P.P.C.

2. The prosecution case is that on receipt of a secret information, the police raided the house of Mst. Naila and found her engaged in Zina with Rehmat Ullah.

3. It is contended that the case is based on false allegations and except for police there is no public witness who claims to have seen the alleged occurrence. The petitioner is stated to be behind the bars for about 6 months.

4. In the above circumstances, it appears to be a case of further inquiry and accordingly she is admitted to bail in the sum of Rs:20,000 with two sureties each in the like amount to the satisfaction of A.C., Sargodha.

N.H.Q./N-222/L Bail allowed.

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