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1988 MLD 55

Mst. JANNAT BIBI VS THE STATE

Petitioner: Mst. JANNAT BIBI VS Respondent: THE STATE

Court: Lahore High Court

Full Judgment Text & Judicial Ruling

1988 M L D 55

1988 M L D 55

[Lahore]

Before Afrasiab Khan, J

Mst. JANNAT BIBI and 2 others--Petitioners

Versus

THE STATE--Respondent

Criminal Miscellaneous No. 4531/B of 1987, decided on 28th December 1987.

Criminal Procedure Code (V of 1898)--

---S. 497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.11--Bail, grant of--Two of accused, females--Abductee niece of male 'accused and there was no allegation of Zina against him--Case being of further inquiry, bail allowed to all accused in circumstances.

Nazir Ahmad Randhawa for Petitioners.

Arshad Khan for the State.

ORDER

The petitioners Mst. Jannat Bibi, Mst. Sahib Bibi and Maula have moved this .petition for bail after arrest under section 497/498, Cr.P.C. in a case registered against them under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, at Police Station Sadar Chiniot vide F.I.R. No. 381 dated 20-9-1987.

2. At the very outset Mr. Arshad Khan, learned counsel for the State, made a categorical statement that he has no objection if bail is allowed to petitioners Nos. 1 and 2 being females. Regarding petitioner No. 3, learned State counsel stated that he is not entitled to the concession of bail on the ground that he was one of the abductors. Learned counsel for the petitioners submitted that there is no allegation against petitioner Maula that he committed Zina with the abductee. Similar statement has been made by Bashir Ahmad A.S.I. of Police Station Sadar Chiniot that he has no objection if the petitioners Nos. 1 and 2 are allowed bail.

3. I have heard learned counsel for the parties and have perused the record. I am of the view that this is a case of further inquiry inasmuch as there is no) allegation of Zina against Maula petitioner No. 3. Both the parties stated that the l is the niece of Maula petitioner No. 3. Accordingly, the petitioners are admitted to bail in the sum of Rs. 20,000 each with two sureties, each in the like amount, to the satisfaction of A.C. Chiniot.

S.A./J-18/L Bail allowed.

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