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Petitioner: MUNIR AHMAD VS Respondent: STATE
1993 P Cr
1993 P Cr. L J 1534
[Lahore]
Before Mian Abdul Khaliq, J
MUNIR AHMAD --- Petitioner
Versus
THE STATE---Respondent
Crl. M. No.4666/B of 1992, decided on 24th October, 1992.
Criminal Procedure Code (V of 1898)-----
----S. 497---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.11/10---Bail, grant of---Prosecutrix in her statement under S.164, Cr.P.C. had levelled allegation of Zina against accused and others whereas before Assistant Commissioner she stated that after embracing Islam she being sui juris had married with the accused and no body had committed Zina with her---Accused in view of the conflicting statements made by prosecutrix was admitted to bail.
Muhammad Taqi Khan for Petitioner.
Mian Mushtaq Ahmad Mohal for the State.
Date of hearing: 24th October; 1992.
ORDER
The present case was registered on 5-3-1992 on the complaint of one Naazer Masih who had alleged that the petitioner alongwith Mst. Fatima, Basharat, Maqsood, Mithoo, Shafiq had abducted Mst. Asia, the daughter of the complainant who was married on 2-3-1992 and had come on Muklawa on 3-3-1992. It was also alleged that Mst. Asia was abducted with deceitful means alongwith golden ornaments cash amount and certain clothes for the purpose of committing Zina with her statement of the abductee was recorded under section 1.64, Cr.P.C. wherein she had levelled allegation of Zina against the petitioner, Maqsood, Shafiq and Basharat, co-accused, but Maqsood, Shafiq and Basharat have been declared innocent by the police during investigation. It is contended that Mst. Asia on 10-8-1992 had made a statement before the A.C. Samundari that she had embraced Islam and had married with the petitioner. She was sui juris and nobody had abducted her. An affidavit has been placed on the record by Mst. Asia to the effect that being she was married with Razzaq Masih and after embracing Islam she married with Munir Ahmad son of Sardar Muhammad (present petitioner) and has also changed her name from Asia Bibi to Samina Batool. The deponent also affirmed that on 10-6-1992 she had made a statement before Ch. Altaf Sheikh, A.C. Samundari without any fear and nobody had committed Zina with her after she had embraced Islam. The said Mst. Asia has made two conflicting statements, i.e. one before the A.C. Samundari and the other under section 164, Cr.P.C.
2. Without expressing any opinion on the merits of the case, the petitioner is admitted to bail in the sum of Rs.50,000 with two sureties, each in the like amount, to the satisfaction of A.C., Sheikhupura.
N.H.Q./M-979/L Bail allowed.