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Criminal Miscellaneous No. 87 of 1982, decided on 6th April, 1932.
--‑ S. 497‑Bail‑--Petitioner, charged with offences of enticing away a married woman and adultery --‑ Petitioner however, claiming alleged abductee to his wife and placing on record nikahnama to witness fact‑Matter, held, requires, consideration, by trial. Court‑Petitioner allowed bail, in circumstances.
Sharif Tariq for Applicant.
Rafique Mahmood Khan Addl. A. G. for the State.
Date of hearing :6th April, 1982.
For the offences under the provisions of the Offences of Zina (Enforce ment of Hadood) Ordinance read with sections 497/498, 380 and 109, P. C., a case was registered by the Police Mirpur.
The learned counsel for the parties were heard.
Section 497/498, P. C. stand repealed thereby substituting the offences of adultery and enticing away of a married woman with intent to have intercourse with her, by enforcement of the Offences If Zina (Enforcement of Hadood) Ordinance wherein sections relating to the said offences were accordingly incorporated. Offences of theft under the Penal Code were also remoulded and brought within the purview of Shariat Law through enforcement of an Ordinance called as the Offence Against Property (Enforcement of Hadood) Ordinance.
The accused‑applicant was placed before the District Criminal Court under the provisions of Shariat Law from where other co‑accused were let off on bail but bail to the accused‑applicant could not be granted as the challan was brought afterwards against him on his apprehension, by the police. For the trial Court being incomplete at present due to absence of Sessions Judge, this application for bail was brought to this Court.
Mst. Gul Begum, accused who is alleged to have been enticed away, by the accused‑applicant, is claimed to be his wife. A Nikahnama was placed on record which indicates that it was after obtaining an ex parre decree of dissolution of marriage from a civil Court of Pakistan, that Nikah' was solemnized between the accused‑applicant and Mst. Gul Begum accused. The effect of this 'Nikah' based on an exparte decree obtained from a civil Court of Pakistan keeping in view all the circum‑ A stances and facts of the case is legally to be seen and judged by the trial Court and how it affects the case of the prosecution is a matter to be determined and till then it is done, it will be proper to release the accused applicant on bail in the sum of Rs. 5,000 with one surety and the personal bond in the like amount to the satisfaction of the Additional District Magistrate Mirpur.
Bail allowed.
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