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Criminal Bail Application No. 1032 of 1985, decided on 21st August, 1985.
‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 16‑‑Bail‑‑Delay in lodging F.I.R.‑‑Accused declaring themselves husband and wife before filing of F.I.R.‑‑Bail granted in circumstances.
1984 P Cr.LJ. 129 and 1985 P Cr.LJ. 927 rel.
Sardar Muhammad Ishaque for Applicants.
Abdul Ghafoor Mangi, A.A.‑G. for the State.
Both the applicants are facing trial for an offence punishable under section 16 of the offence of Zina (Enforcement of Hudood) Ordinance, 1979. It is alleged that the applicant Salamat Ali had abducted Mst. Allah Rakhi alias Nasreen on 30‑5‑1985. The report of the incident was made on 21‑6‑1985. ,
The learned counsel for the applicants has alleged that false case has been set up against the applicants, who are legally wedded husband and wife. He has made reference to a certificate of Nikah showing that the applicants had contracted marriage in accordance with Christian rites on 17‑5‑1985 and they performed fresh Nikah after embracing Islam on 18‑6‑1985. He has also made reference to an order on a Habeas Corpus petition filed by the applicant Salamat An for the recovery of the applicant Nasreen. The learned Assistant Advocate General does not oppose the application in respect of Mst. Nasreen merely on the ground that she' is a lady but he has opposed the application in respect of applicant Salamat Ali.
There is delay in the lodging of F.I.R. Before the filing of the F.I.R., the applicants had declared that they were husband and wife. The learned counsel for the applicant has cited two authorities viz. 1984 P Cr. L J 129 and 1985 P Cr. L J 927, which support his contention for the grant of bail. Bail is granted to both the applicants in the sum of Rs.15,000 each with one surety and P.R. in the like sum to the satisfaction of the Nazir of thin Court.
M . A . K Bail allowed.
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