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Petitioner: MUHAMMAD NAWAZ AND OTHERS VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Muhammad Munir Khan Title: MUHAMMAD NAWAZ AND OTHERS vs THE STATE Case No.: Criminal Miscellaneous No, 992 /8 of 1982 Date of Judgment:1982-08-06 Reported As: 1984 P Cr. L J 928 Result: Bail granted
Judgment ORDER ' This is an application for bail on behalf of Muhammad Nawaz, Master Mukhtar Hussain, Riaz Hussain, Jamal Khan and Khadim Hussain in a case under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 registered at P. S. Mailsi, vide F. I. R. No, 110/128, dated 12th May, 1982. 2. The prosecution case is that the petitioners abducted Mst. Zaib Mahi and Mst. Nazir Mahi with intent that the ladies may be subjected to sexual intercourse by someone. 2. Learned counsel for the petitioners submits that it is not a case of abduction and in fact Mst. Nazir Mahi and Mst. Zaib Mai had contracted marriage with Mukhtar Hussain and Riaz Hussain, respectively (their cousins) on their own accord. ' Learned counsel for the State has however, opposed this application. The A. S. I. Informs that the alleged abductees have contracted marriage with Mukhtar and Riaz and in their statements recorded under section 164, Cr. P. C. They have belied the story of the abduction. 2. After hearing the learned counsel for the parties, I find that the alleged abductee have not implicated the petitioners and have stated that their nikah with Mukhtar and Riaz were on their own accord. ' In these circumstances, the petitioners are allowed bail in the sum of Rs, 10,000 with one surety each in the like amount to the satisfaction of A. C./Duty Magistrate, Mailsi.