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Criminal Miscellaneous No. 1033/B (BWP) of 1984, decided on 29th August, 1984.

‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10/11‑‑Bail, grant of‑‑Nikahnama placed on record Woman accused, when produced before Magistrate, stated having married co accused‑‑Magistrate allowing her to accompany co‑accused in proceedings under S. 100, Cr.P.C.‑‑Question of guilt of accused, Held, required further enquiry, bail was, therefore, allowed.

A.R. Tayyib for Petitioners.

Khaliq Chuhan for the State.

This is an application for bail on behalf of Mst. Rabia alias Lali and Noor Hassan petitioners in a case under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at P.S. Faqirwali, vide F.I.R. No. 71/84, dated 7‑7‑1984.

2. The prosecution case is that Noor Hassan petitioner enticed away Mst. Rabia, petitioner No. 1, in order to have sexual intercourse with her and, thereafter, the petitioners have been committing Zina with their consent.

3. Learned counsel for the petitioners submits that the petitioners are legally‑wedded wife and husband and as such they have committed no offence.

On the other hand, the learned counsel for the State has opposed the application on the ground that the alleged Nikah was not performed in the village where petitioner No. 1 resides and that her parents having not participated in the Nikah, the Nikahnama placed on record appears to be doubtful.

4. I have considered the arguments advanced by the learned counsel for the parties with care. I find that there is a Nikahnama placed on record which indicates that the petitioners were married on 2‑6‑1984; that on 12‑6‑1984 when. Mst. Rabid petitioner No. 1 was produced before the Magistrate in proceedings on application under section 100, Cr.P.C. she stated that she was the legally‑wedded wife of petitioner No. 2, and as such, the Magistrate vide his order, dated 12‑6‑1984 allowed A her to accompany petitioner No. 2.

Without making any expression of opinion lest it may prejudice the merits of the case, I am of the view that the question of the guilt of the petitioners needs further enquiry. They are, therefore, allowed bail in the sum of Rs.10,000 with one surety each in the like amount to the satisfaction of A.C./Duty Magistrate, Bahawalnagar.

S. A. Bail granted.

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