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Criminal Miscellaneous No.2949-B of 1986, decided on 17th December, 1986.
---S. 497(5)--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 11 & 16--Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 14--Penal Code (XLV of f860), Ss.468 & 471/109--Bail, cancellation of--According to Investigating Officer, Nikah of the two accused inter se prima facie not genuine--Lady accused asserting her Nikah with co-accused as genuine and denouncing her Nikah with petitioner--Case being of further inquiry, cancellation of bail of petitioner refused in circumstances.
Pervaiz Mehmood Mian for Petitioner.
Muhammad Ashraf Khan for the State.
Ch. Habibur, Rehman for Respondents Nos. 2 to 7.
The parties have appeared today in compliance of the direction of this Court. The respondents have joined the investigation. The Investigating Officer state that prima facie the Nikah of Mst. Sakina with Hayat is not genuine. Mst. Sakina is present in Court, vehemently states that she was married with Hayat and her Nikah with him is genuine. She controverts the validity of her marriage with Shamoon.
In this view of the matter it seems to be a case of further enquiry and thus it is not a fit case for the cancellation of bail as prayed. The Investigating Officer shall submit incomplete challan within one week. The trial Court is directed to conclude the trial within a period of six months.
With these observations this petition is dismissed.
S.A. Petition dismissed.
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