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Criminal Miscellaneous No.2076‑B of 1986, decided on 4th August, 1986.

‑‑‑S.497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1977), Ss.10, 13 a 16‑‑Bail, grant of‑‑Accused allegedly already married, contracted second marriage with co‑accused‑‑No evidence of previous marriage collected so far‑‑Accused sui juris‑‑Co‑accused already on bail‑‑Accused, held, was entitled to bail in circumstances.

Ch. Liaqat Ali Sindhu for Petitioner.

Sh. Muhammad Nawaz for the State.

Date of hearing: 4th August, 1986.

Petitioner who is an accused in a case under section 10/13/16 of Offence of Zina (Enforcement of Hadood) Ordinance, VII of 1979 registered at Police Station Saddar Gujranwala vide F .I . R. No.380, dated 19‑5‑1986 has filed this petition for post‑arrest bail. Prosecution case in nutshell is that Mst. Maqsoodan Bibi petitioner who was earlier married to Muhammad Sharif complainant on 27‑3‑1986 has contracted second marriage with Sardar accused. It is alleged in the F.I.R. that the petitioner's mother Mst. Hashmat Bibi, Sadiq, brother of the petitioner, Ashiq and Hidayat received Rs.35,000 from the complainant for marrying the petitioner with him and subsequently petitioner was given in marriage to Sardar after obtaining Rs.40,000 from him and without disclosing that she was already married.

2. I have heard the learned counsel for the parties and also the Investigating Officer who is present with record. It is admitted by the learned State counsel that no evidence has so far been collected by the prosecution regarding the alleged first Nikah of the petitioner with the complainant. Investigating Officer, has not examined either the 'Nikah Khawan' or any witness of the alleged Nikah. There is thus no material with the prosecution so far to show that the petitioner was earlier married to Muhammad Sharif complainant except the allegation of the complainant. It is submitted by the learned counsel for the petitioner that the co‑accused of the petitioner namely Sardar with whom she has now married, Sadiq and Ashiq have since been bailed out. Hidayat co‑accused has, however, not been arrested so far. Learned counsel contends that the petitioner is sui juris and she has lawfully married Sardar accused of her own free will and accord and that she was not previously married to Sharif complainant. I do not wish to express any opinion on this aspect of the matter lest it prejudices the case of either of the parties. However, in view of the fact that the Investigating Officer has not so far collected any independent evidence regarding the alleged previous marriage of the petitioner coupled with the circumstance that the petitioner is a woman and her co‑accused have already been allowed bail. I consider it a fit case to allow bail to the petitioner. The petition is accordingly allowed and it is ordered that the petitioner shall be released on bail on her furnishing bail bonds in the sum of Rs.20,000 (Rupees twenty thousand only) with two sureties in the like amount to the satisfaction of D.R./O.S.D (Judicial) of this Court.

S. A. Bail granted.

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