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Criminal Miscellaneous No. 681 /B of 1982, decided on 24th April, 1982.
‑‑ Ss. 498 & 497 (1), proviso‑--Pre‑arrest bail‑Petitioner (woman) charged for marrying another person during existence of first marriage‑Petitioner disputing her Nikah and denying her signatures on Nikahnama‑Suit for jactitation of marriage already filed---Matter, held, needs further inquiry --‑ Petitioner being female her case failing within purview of proviso to subsection (1) of S. 497, Cr. P. C. interim bail confirmed in circumstances.
Mehr Noor Muhammad for Applicants.
Date of hearing : 24th April, 1982.
Confirmation of the bail has primarily been opposed on the plea that Petitioner No. 1 is already married to one Muhammad Sharif Nadim, second 'nikah' between the petitioners is utterly illegal and their cohibition amounts to zina. It has also been pleaded that a suit for restitution of conjugal rights filed by Muhammad Sharif Nadim has an ex parte decree passed against Petitioner No. 1 much before the second nikah.
2. Petitioner No. 1 has denied her nikah with Muhammad Sharif Nadim and it is asserted that she has already filed a suit for jactitation of marriage. Reliance has also been placed 'by the learned counsel for the petitioners on the averments made in Writ Petition No. 1050/82 to cast doubt on the correctness of the prosecution version, in registering the case against them. It is further urged that Petitioner No. 1 being a female, her case is covered by exception contemplated by the proviso to subsection (1) of section 497, Cr. P. C.
3. After hearing the learned counsel for the parties 1, feel, since peti tioner No. 1 disputes her nikah and has also denied her signatures on the 'nikahnama' in question the matter needs further enquiry. Further, as a female, her case falls within the purview of the proviso to subsection (1) of section 497, Cr. P. C. Earlier Writ Petition 1050/82 was brought by the petitioners against the S. H. O. and A. S. I. concerned in which certain allegations were levelled against them. I am of the view that in the circumstances of the case the petitioners are entitled to pre‑arrest bail and accordingly the interim bail allowed on 13th April, 1982 is confirmed.
4. The S. H. O. has expressed a grievance, that he would be handi capped in taking the specimen signatures of Petitioner No. 1 for their com parison with those appearing on the nikahnama', in dispute.
5. Petitioner No. 1 is directed to appear before the Ilaqa Magistrate, Toba Tek Singh on 12th May, 1982 and the needful in this behalf, would be done by the S. H. O. on that date.
6. Both the petitioners who are present in Court have been directed to join the investigation whenever required to do so by the investigating agency.
Bail confirmed.
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