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Criminal Miscellaneous No.1959/B of 1987, decided on 4th July, 1987.
---S.497--Offence of Zina (Enforcement of Hudood Ordinance (VII of 1979), S.10--Bail, grant of--Petitioner claiming of having contracted marriage with prosecutrix of her own free will according to Muslim rites and Nikahnama--Question whether abductee's attestation on Nikahnama obtained forcibly or prosecutrix contracted Nikah with petitioner of her free will requiring thorough probe at trial--Petitioner allowed bail in circumstances.
Zaheer Ahmad Mirza for Petitioner.
Wilayat Umar Chaudhary for the State.
Kalandar Khan lodged a report at Police Station City Chiniot, district Jhang, on 26-12-1986 alleging that his daughter Mst. Nasim Begum aged 16/17 years has been enticed away by Abdul Qayyum, petitioner, and his mother. Mst. Bashiran since 22-12-1986 with intention or knowledge that Zina shall be committed with her. During the investigation, the abductee was produced before the Investigating Officer by the complainant on 15-3-1987. She was medically examined and her statement under section 164, Cr.P.C., was recorded by the Ilaqa Magistrate. In that statement she supported the prosecution and implicated the petitioner. The petitioner was arrested on 17-3-1987 and is in. jail since then. The petitioner's bail plea was declined by the lower Court, hence this application. I have heard learned counsel for the petitioner as well as for the State and also perused the record.
2. It is contended on behalf of the petitioner that the abductee is a sui juris who contracted Nikah with him of her own free will according to, the Muslim rites and Nikahnama concerned was registered under the law on 13-8-1986. Subsequently, on account of certain differences with him she had gone to her parents where her father in connivance with the police got registered instant case against the petitioner. The petitioner is stated to have produced Nikahnama during the investigation The ASI who is present with record admits this abductee had stated that her attestation on the said Nikahnama was obtained per force.
3. Be that as it may, the question whether the abductee is a attestation on the Nikahnama was obtained forcibly or she had contracted Nikah with the petitioner of her own free will needs thorough probe which exercise can now be undertaken only at trial stage. In the circumstances, I feel inclined to allow this petition. The petitioner is directed to be released subject to his furnishing bail bonds in the sum of Rs.20,000/- with one surety in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, Chiniot.
S. G.D. /A-131/L
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