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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: RASHIDA BIBI VS Respondent: STATE
1994 P Cr
1994 P Cr. L J 2471
[Lahore]
Before Raja Afrasiab Khan, J
Mst. RASHIDA BIBI and others---Petitioners
Versus
THE STATE--Respondent
Criminal Miscellaneous No.2715/B of 1994, decided on 29th June, 1994
Criminal Procedure Code (V of 1898)---
----S. 497(2)---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10---Bail, grant of---Witnesses did not support the prosecution version---Case against accused, therefore, was one of further inquiry---Accused were admitted to bail accordingly.
Malik M.R. Raza Khokhar for Petitioner.
Farooq Bedar, Addl. A.-G. for the State.
Date of hearing: 29th June, 1994.
ORDER
It is contended by the learned counsel that there is no evidence to connect the petitioners with the commission of the crime. Notice shall issue to the State. Learned Law 6fficer accepts notice on behalf of the State.
At the request of the learned counsel r the petitioner. the bail Fetition shall be heard today.
The petitioners Mst. Rashidan Bibi and Bashir Ahmad seek their post arrest bail in a case having been registered against them under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Kotwali, Jhang vide F.I.R. No. 156, dated 23-4-1994. The allegation is that the petitioners were found while indulging in Zina with each other on the day of incident. According to the learned counsel, there is no evidence to connect the petitioners with the commission of the crime. He further says that Muhammad Yaqoob, Ghulam Hussain and Ghulam Mustafa the eye-witnesses have sworn their affidavits to show that no such occurrence took place. Learned Law Officer does not oppose the bail petition in respect of petitioner No. l being a woman.
2. After hearing the learned counsel for the parties, I am of the view that both the petitioners are entitled to be released on bail because the witnesses do not support the prosecution version. This is, therefore, a case of further inquiry. Accordingly the petitioners are admitted to bail in the sum of Rs. 50,000 each with one surety each in the like amount to the satisfaction of A.C./Duty Magistrate, Jhang. The petition stands disposed of.
N.H.Q./R-157/L Bail allowed.