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Petitioner: MUHAMMAD HUSSAIN VS Respondent: THE STATEHonorable Justice Iftikhar Hussain ChaudharyMuhammad Basit Babar,Syed Niaz Hussain
2002 Y L R 3795
2002 Y L R 3795
[Lahore]
Before Iftikhar Hussain Chaudhary, J
MUHAMMAD HUSSAIN and another‑‑‑Petitioners
Versus
THE STATE‑‑‑Respondent
Criminal Miscellaneous No.118‑B of 2001, decided on 19th February, 2002.
Criminal Procedure Code (V of 1898)‑‑‑
‑‑‑‑S.497(2)‑‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.16‑‑ Bail, grant of‑‑‑Allegation against co‑accused was that he developed illicit intimacy with wife of complainant and then all accused persons abducted her ‑‑‑Co‑accused and abductee had not been recovered‑‑‑Facts and circumstances of case had shown that wife of complainant had eloped with co‑accused, who was brother of the accused and accused possibly was roped in by complainant‑‑‑Since abductee had not been found in custody of accused, their case was that of further inquiry‑‑ Accused were admitted to bail, in circumstances.
Muhammad Basit Babar for Petitioners.
Syed Niaz Hussain for the State.
Date of hearing: 19th February, 2002.
ORDER
Petitioner and his brother Muhammad Hassan are involved in Criminal case F.I.R. No.211, dated 9‑1‑2001 under section 16 of Ordinance VII of 1979 registered at Police Station Donga Bonga, Bahawalnagar. Allegation against Muhammad Hassan co‑accused of the petitioner were in terms that he developed illicit intimacy with wife of the complainant and then all the accused abducted her.
2. Muhammad Hassan and abductee have not been recovered so far.
3. Petitioners seek post‑arrest bail in the matter. Learned counsel for the parties have been heard.
4. Facts and circumstances of the case show that wife of complainant had eloped with Muhammad Hassan brother of the petitioners and they possibly were roped in by the complainant. Since the abductee has not been found in the custody of the petitioners, their case is considered to be that of further inquiry.
5. Petitioners are allowed bail in the sum of Rs.50,000 each with one surety in the like amount to the satisfaction of Trial Court.
H.B.T./M‑1503/L Bail allowed.