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Criminal Miscellaneous No.900‑B of 1984, decided on 29th August, 1984.
‑‑‑S.497/498‑‑Offence of Zina (Enfocement of Hudood) Ordinance (VII of 1979), Ss.10 & 16‑‑Abductee contracted marriage with accused‑ Nikahnama properly registered produced‑‑Whether alleged abductee was living with accused of her free will as his wife, held, a case of further enquiry‑‑Bail granted to accused.
M.R. Khalid Malik for Petitioner.
Akhtar Masood for the State.
Date of hearing: 29th August, 1984.
Muhammad Ramzan petitioner has applied for the grant of bail as he stands arrested under sections 10 and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 since 12‑6‑1984.
2. According to the F.I.R. lodged by Ghulam Muhammad brother of the abductee Mst. Maryam aged 20/22 years. Muhammad Ramzan petitioner, developed illicit connection with the help of Allah Ditta with Mst. Manzooran and Mst. Allah Jawai. A case was registered at Police Station Shah Kot, District Sahiwal after a week of the alleged abduction. During the investigation the petitioner as well as the abductee were found together in Chak No.109/E.B. in the territorial jurisdiction of Police Station Ahmadyar. The abductee was recovered and the petitioner arrested. It may be stated that according to the Investigating Officer Mst. Manzooran, Mst. Allah Jawai and Allah Ditta co‑accused have been declared innocent.
3. I have heard the learned counsel for the petitioner as well as for the State and also perused the record.
4. According to the learned counsel, the abductee had contracted marriage with the petitioner of her own free will on 2‑5‑1984. He has also produced a Nikahnama which appears to be regularly registered under the Family Laws Ordinance with Union Council No.21, District Sahiwal. In the circumstances it requires further inquiry. Whether the abductee when found in the custody of the petitioner was living with him of her free will as her wife or under coercion.
5. Resultantly this petition is allowed. The petitioner shall be released on bail subject to his furnishing bond in the sum of Rs.10,000 (Rupees ten thousand only) with one surety in the like amount to the satisfaction of the A.C/Duty Magistrate, Chichawatni.
S . A . Bail allowed.
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