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Criminal Miscellaneous No. 1202‑B (BWP) of 1984, decided on 30^th September, 1984.

---S.497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10‑‑Bail, grant of‑‑Contention that petitioner contracted second marriage with prosecutrix three years after getting divorce from his first wife, appearing doubtful and petitioner found connected with commission of offence of Zina‑‑Bail declined in circumstances.

M. M. A. Pirzada for Petitioner.

Nazir Ahmad Bhatti for the State.

The petitioner has been arrested under section 15 of Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979. He has petitioned for being enlarged, on bail.

2. Accordingly to the F.I.R. Mst. Shazia Bibi, the complainant was living in her parental home. Ali Akbar Shah, the petitioner is married to her sister Mst. Kalsoom. One and a half years before the lodging of this F.I.R. the petitioner came to the house of the complainant and took Shazia with him on the pretext of celebrating Millad. When she reached her house, the petitioner said that Mst. Kalsoom was feeling indisposed and was asleep and they should get medicine from the bazar. The petitioner brought her to the Bus stand by a cycle rickshaw wherefrom she was taken to Qaimpur. There, the petitioner told her that his sister was ill, so he had brought her there. The petitioner obtained the signatures of the complainant on the pretext whether she knew how to sign. He came to Bahawalpur and proclaimed the complainant as his wife. During this period, the petitioner had been performing illicit copulation with the complainant. She was recovered by Munir Ahmad, the complainant's brother and when she was going to be married to Hafiz ADdr4l Khaliq, the petitioner came there and publicly said that she was his 'wife. He was told that he was already married to Mst. Kalsoom and how could he marry Mst. Shazia.

3. In this case Mst. Kalsoom made a statement that she had been divorced by the petitioner but subsequently she wriggled out of this. The copy of 'the divorce deed and the receipt of the divorce deed had been placed 4n the file. It is said that Mst. Kalsoom is pregnant from the petitioner and her divorce deed is not valid and she made a statement on account of the instigation of the petitioner.

4. The stand of the petitioner is that she was divorced three years before his m0rriage with Mst. Shazia whereas the petitioner's father who is present in the Court room has stated that his son married Shazia four months after divorcing Mst. Kalsoom. In this manner, the petitioner cart safely be connected with the commission of offence of Zina. I, therefore, see no merit in this bail application and dismiss the same.

S.G.D. Bail declined.

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