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Criminal Bail Application No.824 of 1983, decided on 27th October, 1983.
---S.497/498--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.16--Bail--Report of offence lodged after about six weeks--Accused enticing away married woman/co-accused after performing Nikah with her- Co-accused recovered from Darul Aman wherein she was sent on her own application--Bail granted to accused.
Sardar Muhammad Ishaq for Applicant.
A.A. Muhammadally Asstt.A.-G. for the State.
Applicant Talib Masih is alleged to have enticed away a married lady by name of Parveen from the house of her father-in-law on 6th July, 1983 for illicit purpose, The report of the alleged incident was made on 18th August, 1983 at Police Station, New Town, Karachi. The lady was recovered from Darul Aman on 25th August, 1983.
The learned counsel for the applicant has urged that the "report was lodged after about a month and twelve days and that the lady was not recovered from the applicant. According to him, the offence would not fall under section 16 of the Zina (Enforcement of Hudood) Ordinance, 1979. The learned Asstt.-G. has opposed the application contending that the applicant had abducted the married lady and contracted marriage with her and committed an offence punishable under section ,16 of Zina (Enforcement of Hudood) Ordinance, 1979.
As stated above, the offence is alleged to have taken placed on 6th July, 1983 and its report was lodged on 18th August, 1983. It is stated by the learned Asstt. A.-G. that Police have procured a Nikahnama showing that the applicant had performed Nikah with the married lady Mst. Parveen on 30th August 1983. Obviously, the Nikah was performed about a week earlier than the date of the alleged incident. A certified copy of an application made by Mst. Parveen Fatima who is said to be the same lady who is alleged have been enticed away by the applicant, to the effect that she apprehended danger from her husband and requested that she may be sent to Darul Aman has been filed. This application is dated 9th July, 1983. There is an order thereon of A.C.M. No.VIII, West Karachi, that she was sent to Darul Aman. It is stated by the learned counsel for the applicant that she was recovered from Darul Aman on 25th August 1983. In view of all the circumstances, the applicant is granted bail in the sum of Rs.10,000 (Rupees ten thousand only) with one surety to the satisfaction of the Sessions Judge, Karachi.
M. Y. H. Bail granted.
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