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Criminal Miscellaneous No. 947-B of 1981, decided on 28th October; 1981.
-- S. 497--Bail of petitioner accused of offence under S. 11 of Hudood Ordinance pressed on grounds (i) delay in lodging F. I. R. (ii) Alleged abductee has lodged a suit for jactitation against alleged husband, (iii) alleged abductee being already married with peti tioner-Petitioner, however, arrested by police, interrogated, remaining in judicial lock-up but abductee not recovered-There being a delay in lodging F. I. R. and Nikahnama showing petitioner married with alleged abductee--Bail allowed-Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 11.
R. A. Ghori for Petitioner.
Mian Muhammad Tariq for the State.
Date of hearing : 28th October, 1981.
This is an application for bail of on behalf of Muhammad Yousaf in a case under section 16/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at Police Station, Khanewal vide F. I. R. No. 298 dated 27th September, 1981.
2. The prosecution case is that the petitioner with two others took away Mst. Zainab Bibi aged 19 years. 2 months prior to the registration of the case from the house of Muhammad Hussain, father of the alleged abductee.
Muhammad Aslam S. H. O. states that Mst. Zainab, the alleged abductee was married to Noor Muhammad on 29th July, 1981.
3. Learned counsel for the petitioner states that, there is a delay of about 2J months in lodging the F. I. R. and that Mst. Zainab has lodged a suit for jactitation against Noor Muhammad in the Court of Civil Judge, Bahawalpur. He has placed on record a copy of plaint attested by him. He argues that, in fact, Mst. Zainab has entered into marriage with the petitioner on 2yth July, 1981 in support of which he has also placed on record a photostat copy of the Nikahnama. As against this learned State counsel has vehemently opposed this application. He states that Mst. Zainab Bibi has not been recovered so far.
4. After hearing the learned counsel, for the parties I find that the petitioner was arrested by, the Police, interrogated, remained with the Police for 15 days and then sent to judicial lock up but the police failed to recover Mst. Zainab. In the circumstances I am of the view that no useful purpose would be served by detaining the petitioner in jail. I further find that there is a delay of 2,1 months in lodging the F. I. R. and there is a Nikahnama which shows that Nikah of Mst. Zainab was performed with the petitioner on 29th July, 1981. 'In these circumstances I am of the opinion that the matter requires further inquiry. The petitioner is therefore, allowed bail in the sum of Rs. 10,000 (rupees ten thousand) with one surety in the like amount to the satisfaction of Deputy Registrar of this Court.
Bail granted.
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