Abbas and Muhammad Ashraf petitioners have moved this petition for bail in a case registered against them and another under Article 10 of the Offence of Zina (Enforcement of Hudood)
Ordinance, 1979.
2. The allegations are that on 12-11-1986 at Khuftan Wela co-accused Asjid came to the house of Mst. Said Begum and told her that Ch. Imtiaz Ahmad had called her but she refused to accompany him. He left and then Abbas petitioner came to her and asked to her accompany him to the Dera of aforesaid Imtiaz as she had been called by him. He took her along under threats 'but instead of going to the dera of Imtiaz he took her near the graveyard where Asjid aforementioned and Muhammad Ashraf alias Achho petitioner were already present. Then Asjid and Abbas petitioner committed Zina-bil-Jabr with her while Achho remained on watch.
Learned counsel for the petitioner does not press the petition on behalf of Abbas at this stage. He states that he will file a fresh application on his behalf after the receipt of the report of Chemical Examiner. About Muhammad Ashraf alias Achho he states that there is no allegation of Zina against him and the role assigned to him is unbelievable, therefore, a case for his enlargement is made out. The learned State counsel has, however, opposed the prayer for bail. Since there is no allegation either of Zina or of abduction against Muhammad Ashraf alias Achho petitioner, I admit him to bail in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of Assistant Commissioner, Gujrat.