MST. IMTIAZ AKHTAR Versus THE STATE

ORDER

This is an Application for grant of bail to Mst. Imtiaz Akhtar in case under section 10/16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 registered at P.S. 18. Hazari, District Jhang vide F.I.R. No. 129/1987.

2. The prosecution case is that Muhammad Nawaz co‑accused abducted Mst. Imtiaz and thereafter she had been committing Zina with him with her consent.

3. Learned counsel for the petitioner submits that there is no direct evidence of commission of Zina by petitioner with Muhammad Nawaz. Learned counsel for the State has opposed this application on the ground that the vaginal swabs were found stained with semen.

4. I have considered the submissions made by the learned counsel for the parties with care. I find that the petitioner is a woman and her case falls within the proviso to section 497, Cr.P.C., that A Muhammad Nawaz co‑accused has already been allowed bail by the learned Additional Sessions Judge, and that I do not see any exceptional reason to refuse the concession of bail to the petitioner.

5. For what has been said above, the petitioner is allowed bail in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate. Jhang.

M.Y.H./I‑56/L. Bail granted.