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Criminal Revision No. 142 of 1980, decided on 9th October, 1980.
---- S. 497-Bail, grant of Nikah of prosecutrix in dispute between parties and both sides placing documents on record in relation to fact of nikah-Legal scrutiny of such documents to establish nikah of girl with either of claimants yet to be made by trial Court-Not proper for one of claimants to be detained in custody, in circumstance Applicant allowed bail-Azad Jammu & Kashmir Offence of Zina (Enforcement of Hudood) Ordinance, 1979, S. 5/16.
Abdur Rashid for Applicant.
Rafique Mahmood Khan, Addl. A.-G. for the State.
Syed Ghulam Hussain Shah for the Accused.
Date of institution : 17th August, 1980.
This revision petition has arison out of order-dated 11-8-1980 made by the District Criminal Court, Muzaffarabad. I nitially a case under section 5/16 of the Offence of Zina (Enforcement of Hudood) Ordinance was registered by the police and in conclusion of the investigation by the police section 5 of the said Ordinance was altered to section 10 of the same Ordinance.
The impugned order was made by the District Criminal Court at a time when application of section 5 of the Ordinance was there on the face of the record and it worked in its mind. Mst. Naheed Bibi-accused has not come up in revision petition for whom the accused-petitioner suggests that she should be allowed to take a course so as to side him. This cannot be done at this stage in the circumstances of the case which yet stand to be deter mined by the trial Court. This is to be determined by the trial Court as to who is the real husband of the woman out of the two claimants before the Court. In these circumstances of the case no claimant either can be allowed by the Court to enjoy her company till a verdict is given by the Court of a competent jurisdiction this way or that way. The 'Nikah' of Mst. Naheed Bibi is in dispute between the parties. On both sides some documents have been placed on record in relation to the fact of 'Nikah'. Which docu ments hold good so as to establish a valid 'Nikah' of Mst. Naheed Bibi with either of the claimants requires a legal scrutiny to be made by the trial Court. Till it is so done, it will not be proper for one of the claimants to be detained in custody.
Therefore, this application is accepted and the accused-petitioner is allowed to be released on bail in the sum of Rs. 5,000 with one surety and a personal recognizance bond in the like amount to the satisfaction of any Magistrate First Glass, Muzaffarabad.
Bail allowed.
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