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Petitioner: RAB NAWAZ VS Respondent: THE STATE
1988 M L D 232
1988 M L D 232
[Lahore]
Before Muhammad Munir Khan, J
RAB NAWAZ and another--Petitioners
versus
THE STATE--Respondent
Criminal Miscellaneous No.75-B of 1988, decided on 24th January, 1988.
Criminal Procedure Code (V of 1898)--
---S. 498--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10--Penal Code (XLV of 1860), S.354--Bail, grant of--Allegation of rape, found false--Challan submitted under S.354, P.P.C. only--Offence bailable--Bail granted in circumstances.
D.M. Awan for Petitioners.
Sardar Muhammad Khurshid for the State.
ORDER
This is an application for grant of bail to Rab Nawaz and Muhammad Nawaz petitioners in case under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and section 354, P.P.C. registered at P.S. Mitha Tiwana vide F.I.R. No.104 of 1987.
2. The prosecution' case is that the petitioners caught hold of Mst. Yatch Bibi, put her on the ground and Rab Nawaz petitioner No.l committed Zina-bil- Jabr with her.
3. Learned counsel for the petitioners submits that the allegations of commission of Zina levelled in the F.I.R. have been found false and that the challan under section 354 has been submitted. against the petitioners. Learned counsel for the State has frankly stated that the allegations of commission of Zina levelled in the F.I.R. were found false during the investigation and challan under section 354, P.P.C. has been submitted against the petitioners.
4. Since the offence punishable under section 354, P.P.C. is bailable, therefore, the petitioners are allowed bail in the sum of Rs.10,000 each with one surety each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Jauharabad.
SA./R-68/L
Bail granted.