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Petitioner: ABDUL RASHEED VS Respondent: MUHAMMAD ASHRAF and others
Court Name: Supreme Court of Pakistan Judge(s): Fazal Karim, Muhammad Rafique Tarar Title: ABDUL RASHEED vs MUHAMMAD ASHRAF and others Case No.: Criminal Petition for Leave to Appeal No, 217-L of 1994 Date of Judgment:1994-08-15 Reported As: 1995 SCMR 1180 Result: Leave refused
JUDGMENT
JUDGMENT ' MUHAMMAD RAFIQ TARAR, J.---Abdul Rasheed petitioner seeks leave to appeal from the order of a learned Single Judge of the Lahore High Court dated 15-5-1994 whereby he allowed bail to Muhammad Ashraf respondent in a case under sections 10 and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. 2. The allegation against the respondent was that he alongwith other co-accused had abducted Mst. Aziz Fatima so that she may be subjected to illicit intercourse. 3. The learned Single Judge in the High Court allowed bail to the respondent on the ground that it was the admitted position that according to Mst. Aziz Fatima "she was not subjected to rape by her abductors". There is no eye-witness to the commission of Zina by respondents with aforesaid Mst. Aziz Fatima. Perusal of the impugned order reveals that the learned Additional Advocate-General in view of the statement of the alleged abductee made in the Civil Court was not in a position to oppose the bail application. In the circumstances, no ground for interference with the impugned order is made out. The petition is dismissed.