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Criminal Miscellaneous No. 772-B of 1983, decided on 9th July, 1983.
---S.497/498--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.16--Bail--Fact whether abductee kept by accused as his legal wife or as an abductee, a matter of further inquiry--Bail allowed.
Malik Iqbal Ahmad Ghazi for Petitioner.
Zafar Mahmood Anjum for the State.
Mansha petitioner stands arrested in case F.I.R. No.28, dated 8th April, 1983 registered at Police Station Shah Kot, District Sahiwal under section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. As his bail plea was dismissed by the Additional Sessions Judge, Sahiwal, on 24th May, 1983, hence this petition.
2. According to the F.I.R. lodged by Nazar Din father of Mst. Kalsoom that his daughter Mst. Kalsoom had gone out in the fields for easing herself on the evening of 17th March, 1983. She did not return thereafter. The complainant was then told that she was seen boarding bus in the company of Mansha petitioner and few of his male and female relatives. A report was lodged after about 21 days of the occurrence. Mst. Kalsoom is stated to have filed a suit for jactitation of marriage in the Family Court at D.G. Khan, disowning Muhammad Aslam as her husband and claimed Mansha petitioner as her legal husband. However, the abductee of her own appeared before the Investigating Officer on 14th April, 1983 and on the same day, the petitioner also appeared and was arrested. A.S.I. Ali Ahmad present states that Mst. Kalsoom was arrested as co-accused in this case but she has since been allowed bail by the Additional Sessions Judge, Sahiwal. He further states that Mst. Kalsoom has not supported the prosecution case nor she was got medically examined.
3. In the circumstances of the case, I am of the view that the facts whether Mst. Kalsoom the abductee was being kept by Mansha petitioner as his legal wife or as an abductee needs further inquiry. In the circum stances, I am inclined to allow this petition. The petitioner is directed to be released on bail subject to his furnishing bond in the sum of Rs.10,000 (Rupees ten thousand only) with one surety in the like amount to the satisfaction of the A.C./Duty Magistrate, Chichawatni.
M. Y. H. Bail granted.
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