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Criminal Miscellaneous No.2270‑B of 1984, decided on 29th August, 1984.
‑‑‑S.497‑‑Offence of Zina (Enforcement of Hadood) Ordinance (VII of 1979), SS‑10 a 11‑‑Bail, grant of‑‑Petitioners, accused of abduction and Zina, real mother and step‑brother of prosecutrix‑‑Petitioners allowed bail, in circumstances.
Syed Ashiq Hussain Rizvi for Petitioners.
Faiz‑ur‑Rehman for the State.
Date of hearing: 29th August, 1984.
The case was registered on 16‑5‑1984, on the statement of Muhammad Yousuf. It was alleged by the complainant that he was married to Arshad Bibi on 19‑1‑1984 and she had been living in his house; that on 25‑4‑1984, he had gone to Civil Hospital, Peer Mahal for operation and during his absence, his wife Mst. Arshad Bibi was taken away by her mother Mst. Iqbal Bibi alias Balo and Anwar Hussain petitioner. It was further alleged that Anwar Hussain petitioner had abducted his wife Mst. Arshad Bibi with the connivance of Mst. Iqbal Bibi petitioner for committing Zina.
2. The learned counsel for the petitioners contends that the complainant had intentionally concealed the facts that Met. Iqbal Bibi alias Belo was mother while Anwar Hussain petitioner was step‑brother of Met. Arshad Bibi. The allegation of Zina by a step‑brother with his step‑sister is beyond comprehension. The learned counsel drew my A attention to the order of Additional Sessions Judge dated 15‑3‑1984, wherein it has been observed that Mst. Iqbal Bibi stated that Anwar Hussain was her son from her first husband. The learned counsel produced photostat copy of application dated 19‑2‑1984 addressed by Met. Iqbal Bibi to the D.M.L.A., Faisalabad. In this application it has been stated that Anwar Hussain was her son from her first marriage. This contention has not been controverted by the learned counsel for the State as well as by the A.S.I., who is present in Court. In view of these circumstances, I admit the petitioners to bail in the sum of Rupees five thousand each with one surety each in the like amount to the satisfaction of A. C., Toba Tek Singh.
S. G. D. Bail allowed.
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