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Petitioner: Mst. BAKHTAWAR VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Mian Nazir Akhtar Title: Mst. BAKHTAWAR vs THE STATE Case No.: Criminal Miscellaneous No.3806-B of 2002 Date of Judgment:2002-06-27 Reported As: 2003 YLR 2549 Result: Bail granted
Judgment ORDER The petitioner seeks bail in a case registered against her and others vide F.I.R. No.50 dated 2-2- 2002 for an offence under sections 10 and 13 of Ordinance VII of 1979 at Police Station Bhawana, District Jhang. 2. I have heard the learned counsel for the petitioner and the State. In the F.I.R. Merely it is stated that Muhammad Saleem and Noor Ahmad co-accused took the present petitioner on a motorcycle towards the "Dhari" of Muhammad Saleem for the purposes of committing Zina with her. The police raided the said place and found Muhammad Saleem and the present petitioner inside the Dhari. There is no evidence that they were seen indulging- in the act of Zina. The report of the Chemical Examiner about the vaginal swabs of the petitioner is in the negative. Moreover, the petitioner is a woman and deserves concession of bail under the first-proviso to section 497 of the Cr.P.C. 3. Therefore, the petition is accepted and the petitioner is allowed bail, subject to her furnishing bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the learned Sessions Judge Jhang.