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Criminal Miscellaneous No. 31015-B of 1986, decided on 17th November, 1986.
---S. 497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 11/16--Bail, grant of--No allegation of Zina against accused- Abductee marrying co-accused of her own free will and not supporting prosecution--No proof of accused playing any role in performance of second Nikah during subsistence of first one--Case being that of further inquiry, bail allowed in circumstances.
Shabbir Lali vice Muhammad Asghar Rokhari for Petitioner.
Ch. Abdur Rashid for the State.
Petitioner seeks bail in a case registered at Police Station, Piplan, District Mianwali under section 11/16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
2. According to F.I.R., the petitioner was seen alongwith other accused, who were taking away Mst. Hayat Bibi, abductee.
3. The contention of learned counsel for the petitioner that not allegation of Zina has been levelled against the petitioner, has not been denied by learned counsel for the State as well as the S.I. According to the Sub-Inspector, the abductee after recovery had taken up the stand that she has married Ghulam Ahmad, one of the co--accused, of her own free will. However, he added that the abductee already stood married to Iqbal vide Nikahnama registered at Union Council Harnauli.
4. Learned counsel for the petitioner has also pressed bail petition on the ground that the alleged abductee had performed Nikah with Ghulam Ahmad co-accused of her own accord, and that he had neither helped the co-accused in abduction nor did he participate in the Nikah ceremony of the abductee with Ghulam Ahmad. Learned counsel categorically stated that the petitioner had not attested the Nikahnama.
5. Since the abductee has not supported the prosecution case and there is no proof on record that the petitioner had played any role in the performance of second Nikah, during the subsistence of second Nikah, a case of further enquiry appears to have been made out.
In the circumstances, the petitioner is directed to be released on bail provided he furnishes bail bond in the sum of Rupees twenty thousands with one surety in the like amount to the satisfaction of the Assistant Commissioner Mianwali.
S.A Bail allowed.
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