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Criminal Miscellaneous No. 879-B of 1983, decided on 24th July, 1983.

---S. 497(2) read with Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979), Ss. 11 & 16--Bail, grant of--Abductee, a Sui Juris, and Supporting case of petitioner's regarding her marriage with him of her own free will--Prima facie case of petitioner, held, one of further inquiries, in circumstances.

M. Soltan Alam for Petitioner.

Zafar Mahmood Anjum for the State.

Muhammad Akbar, petitioner, has been arrested by Police Station Arifwala on the allegation that he had enticed away Mst. Shahida Perveen daughter of the complainant, namely, Muhammad Hussain on 22-4-1983 from her house. The matter was reported to the police two days later by the complainant wherein he expressed suspicion against the petitioner with whom Mst. Shahida Perveen was maintaining illicit connection. During the investigation A.S.I. Mumtaz Hussain recovered Mst. Shahida Perveen from the custody of the petitioner on 20-5-1983 from near the bank of river Sutlej. She was made accused in this case and was arrested. However, she has since been bailed out by the Sessions Judge on 22-5-1983, but the bail petition of the petitioner failed before the same Court, hence this petition.

2. It is contended by the learned counsel appearing on behalf of the petitioner that Mst. Shahida Perveen, the abductee, in vide juris who contracted marriage with the petitioner of her own free will vide aura, dated 12-4-1983 duly registered in Union Council Kabutri. Latif Baig, Head Constable who is present in Court, states that the prosecutrix stated during the investigation that she had eloped with the petitioner of her own free will with whom she had an old affair. Learned counsel for the State has opposed the grant of bail.

3. Having considered the facts and circumstances of the case I am of the view that the abductee in this case is sui 'uris who has supported the case of the petitioner during the investigation and as such prima facie the case of the petitioner appears to be one of fu0ther inquiry as p to whether the abductee is his legally-wedded wife as claimed by him or not. In this view of the matter I am inclined to allow this petition. The petitioner should be released on bail subject to his furnishing security in the sum of Rs.10,000 (Rupees ten thousand only) with one surety in the like amount to the satisfaction of Assistant Commissioner /Duty Magistrate Sahiwal.

S.G.D. Bail granted

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