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Criminal Bail Application No. 709 of 1984, decided on 12th August, 1984.
---S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10(2)‑‑Bail, grant of‑‑Marriage between applicant and his wife a disputed but two versions of same forthcoming‑‑Applicant allowed bail, in circumstances.
Rasheed A. Rizvi for Applicant.
A. A. Mohammadally, A. A.‑G. for the State.
Date of hearing: 12th August, 1984.
The case against the applicant, Tauqeer Haider, is pending for tral under section 10(2) of Zina Hudood Ordinance.
Prosecution case in brief is that on 11‑3‑1984 one, Syed Arif Ali, went to Police Station, Malir, and informed the police that one newly‑born child was lying in street behind his house. A.S.I. Mushtaq Hussain Shah proceeded to that place and recorded the statement of prosecution witnesses Muhammad Iqbal, Abdul Qadeer and others. It as revealed that applicant and Mst. Fareeda Begum married three days prior to incident and before that they used to commit Zina due to which that child was born. Police after usual investigation, challaned the applicant and Mst. Fareeda Begum.
Mr. Rasheed A. Rizvi, learned counsel for the applicant, has submitted that it is an admitted fact that Mst, Fareeda and applicant Tauqeer Haider are married. It is contended that applicant professed Shia faith and Mst. Fareeda Begum is Hanfi Sunni faith and their marriage was performed according to Shia law but subsequently at the intervention of their parents the second time this Nikah was performed according to Sunni Hanfi law, therefore, the question of Zina does not rise.
Mr. A. A. Mohammadally, A. A. ‑G. for the State, has no objection to the grant of bail
In this case marriage between applicant and Mst. Fareeda Begum not disputed and affidavits of Tauqeer Haider and Mst. Fareeda Begum have been filed alongwith this bail application. F.I.R. also shows 'teat they got married three days before the incident. There are two versions about the marriage. One advanced by applicant and another y Syed Arif Ali and others. These all points are to be thrashed out the time of trial. However, at this stage I am inclined to extend the concession of bail to applicant Tauqeer Haider. He is admitted to bail on furnishing one solvent surety in the sum of Rs.50,000 and P.R. in the like amount to the satisfaction of the trial Court.
S. G. D. Bail allowed.
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