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Criminal Petition for Leave to Appeal No. 23/R of 1986, decided on 30th June, 1986.
(On appeal from the judgment and order of the Lahore High Court, Rawalpindi Bench 15‑4‑1986 passed in Criminal Miscellaneous No. 140/13 of 1986).
Criminal Procedure Code (V of 1898)‑‑
‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10, 11 & 16‑‑Petition for cancellation of bail‑‑Bail allowed on ground that accused‑respondents were married without any compulsion from any outside quarter, and unless, on evidence, Nikah alleged was found to be otherwise, their case was clearly that of further enquiry.
Kh. Muhammad Farooq, Advocate Supreme Court and Imtiaz Muhammad Khan, Advocate‑on‑Record for Petitioner.
Muhammad Munir Piracha, Advocate Supreme Court and Karam Elahi Bhatti, Advocate‑on‑Record for Respondents Nos. 1 and 2.
Date of hearing: 30th June, 1986.
Petitioner seeks cancellation of bail of the two respondents granted by a learned Single Judge of the Lahore High Court, Rawalpindi Bench, vide the impugned order, dated 15th April, 1986.
2. It. is a case under sections 10,11 and 16 of the. Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance VII of 1979) registered in the Police Station, Makhad, District Attock, vide F.I.R. No. 9, dated 26‑2‑1986. Respondents Nos. 1 and 2 namely Ajmal Khan and Mst. Nazir Jan applied for bail to the learned Additional Sessions Judge, Attock but were refused bail per order, dated 29‑3‑1986. Then, they filed an application for grant of bail before the High Court and bail was allowed to them, vide the impugned order, dated the 15th April, 1986 on the grounds that the two respondents were married without any compulsion from any outside quarter, and unless, on evidence, the Nikah alleged is found to be otherwise the respondents' case is clearly that of further inquiry.
As this order does not suffer from any illegality, we decline to interfere with impugned order. The petition, is without any merit, and the same is consequently, dismissed.
M . I . Petition dismissed.
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