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(K.L.R. 1994 Shariat Cases 99)

(Mst.) RASHIDA BIBI Etc vs THE STATE

Citation(K.L.R. 1994 Shariat Cases 99)
CourtLahore High Court
Case No.Crl. Misc. No. 2715-B of 1994
Date1994-06-29
Judge(s)Raja Afrasiab Khan
ResultN/A

ORDER

1. RAJA AFRASIAB KHAN, J.- 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 Officer accepts notice on behalf of the State.

2. At the request of the learned counsel for the petitioner, the bail petition shall be heard today.

3. 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 Hadood)

4. 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.

5. According to the learned counsel, there is no evidence to connect the petitioners with the commission of the crime. He further says that Mohammad Yaqoob, Ghulam Hussain and Ghulam Mustafa the eye witnesses have sworn their affidavits to show that no such occurrence took place.

6. Learned Law Officer does not oppose the bail petition in respect of petitioner No.1 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.

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