Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Offence of Zina (Enforcement of Hudood) Ordinance, 1979

Section: 10,11

Criminal Procedure Code (V of 1898)--- ---S. 497(2)---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10/11---Bail, grant of--Further inquiry-- Delay of fourteen days in lodging F.I.R.-- Accused had taken a defence of valid Nikah between him and alleged abductee and alleged abductee in her statement under S.161, Cr. P. C. had confirmed assertion of accused regarding her marriage with him-- Alleged abductee, in her statement recorded under S.164, Cr.P.C. had taken a different stand and had alleged her abduction and rape by the accused party---Such conduct of the lady had shown that she had taken different stands at different occasions---Even according to statement made by the lady under S. 164, Cr. P. C. the role attributed to accused persons appeared to be secondary in nature as they had been portrayed therein as abettors of principal accused and no allegation of Zina or Zina-bil-Jabr was levelled against them---Police during investigation had declared accused persons to be innocent ---Challan had already been submitted after completion of investigation-- Continued custody of accused in jail, in circumstances, was not likely to serve any beneficial purpose---Case against accused requiring further inquiry, they were admitted to bail. THIS ORDER PASSED BY: ASIF SAEED KHAN KHOSA, JUSTICE---.--- Through this petition Muhammad Yasin and Nazir Ahmad petitioners have sought post-arrest bail in case F.I.R. No.479 registered at Police Station Baseerpur, District Okara on 10-10-2001 for an offence under sections 11/10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. 2. After hearing the learned counsel for the parties and going through the record it has been noticed that the F.I.R. in this case had been lodged with a delay of fourteen days. The accused party has taken a defence of valid Nikah between the alleged abductee namely Mst. Zahida Bibi and Muhammad Ahmad accused and in her statement…

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