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Criminal Miscellaneous No.1635/B of 1980, decided on 7th June, 1980.
‑‑‑S.498‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.11‑‑Bail, grant of‑‑Lady accused admittedly a major‑‑Nikahnama produced‑‑Father of girl admitting her marriage‑‑Constitutional petition against Police Official for harassing accused having disposed, of earlier than registration of case‑‑Application for bail considered appropriate to be entertained directly and accused admitted to bail in circumstances.
Yusuf Ali Khan, Bar‑at‑Law for Petitioners.
Rao Muhammad Yusuf for the State.
Mst. Firdaus Begum petitioner being absent, the learned counsel does not press the petition on her behalf.
The learned counsel submits that Muhammad Siddique petitioner married Mst. Firdaus Begum, aged about 22 years, on 30‑3‑1980. As the S. H.O. Police Station City; Kasur started harassing the spouses, they filed Writ Petition No.3562 of 1980 in this Court which was disposed of on 14‑4‑1980. Thereafter, the S.H.O. manoeuvred to have a case registered on 5‑5‑1980 for an occurrence alleged to have taken place on 6‑4‑1980. As the S. H.O. was a respondent in the writ petition I consider it appropriate to entertain this petition directly.
Even according to the F.I.R., Mst. Firdaus Begum is a major. The learned counsel has produced original Nikahnama according to which the marriage was performed on 30‑3‑1980.
Notice for 7‑6‑1980 on which date the Investigating Officer shall attend with record. In the meantime, Muhammad Saddique petitioner is admitted to interim bail subject to his furnishing bail bonds in the sum of Rs.10,000 (Rupees ten thousand) with two sureties in tile like amount to the satisfaction of Deputy Registrar (Judl.) of this Court. He shall join the investigation and also appear before this Court on the next date of hearing.
Mst. Firdous Begum present in Court and identified by her father Mohkim Din complainant states that she left her parental house and married Muhammad Siddique petitioner of her own. The marriage was performed at Rukanpura, City Kasur, and, she put her thumbimpression on the Nikahnama.
In this view of the matter and there being no dispute about her majority, I confirm the interim bail allowed to the petitioner by my order, dated 24‑5‑1980.
S. A. Bail allowed.
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