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(K.L.R. 1994 Shariat Cases 36)

(Mst.) BARKAT BIBI vs THE STATE

Citation(K.L.R. 1994 Shariat Cases 36)
CourtLahore High Court
Case No.Crl. Misc. No. 175-B of 1994
Date1994-01-24
Judge(s)Sajjad Ahmad Sipra
ResultN/A

ORDER

SAJJAD AHMAD SIPRA, J.- The petitioner is accused of offences under Section 10/1L ol the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, vide FIR No.284 dated 12.7.1993, registered at Police Station Nishatabad Faisalabad.

2. The learned counsel for the petitioner and the State were heard at length in respect of the contentions raised herein. Admittedly, the petitioner herself is the alleged victim of abduction and as such the offences under Section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, in her case calls for further inquiry. Furthermore, Nikahnama dated 17.6.1993 registered with Abdul Ghani Nikah Registrar of Union Council Kamoke, has been found to be genuine by the police.

Therefore, the case of the petitioner is one of further inquiry, In addition therefore, as the petitioners is a woman, her case is covered under the first proviso to Sub Section (1) of Section 497 Cr.P.C. It was further confirmed on behalf of the State that the petitioner is neither a previous convict nor a hardened criminal.

3. Therefore, the petitioner is hereby allowed bail in the sum of Rs.30,000/- with two sureties in the like amount to the satisfaction of the A.C./Duly Magistrate, Faisalabad.

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