Lawyers Directory Listing
Unlock direct contact details for up to 10 lawyers so you can call or WhatsApp the right legal professional and move your matter forward with confidence.
Criminal Miscellaneous No. 3399/B of 1986, decided on 16th December, 1986.
---S. 497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10 & 11--Bail, grant of--Case registered on husband's report regarding abduction of his wife, but petitioner (wife) already having filed suit for dissolution of marriag6 against complainant, her husband- Petitioner in jail for nine months was allowed bail, in circumstances.
Hamid Ali Mirza for Petitioners.
Mehr Khan Muhammad for the State.
Petitioners seek bail in case F.I.R. No. 17 of 1986 under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 registered at Police Station, Mamunkanjan on the statement of Abdul Shakoor, husband of petitioner No. 1.
2. The contention of learned counsel for the petitioners that petitioner No. 1 had filed a suit for dissolution of marriage against Abdul Shakoor at Muzaffargarh, has not been denied by learned counsel for the State. However, he has contended that the suit for dissolution of marriage was filed a day after the date of occurrence.
3. According to certified copy of the suit for dissolution of marriage, Manzur Ahmad petitioner No. 2 has been named as a witness by petitioner No. 1 in that suit. Learned counsel for the petitioners also submitted that the police version that the petitioners were arrested from Adda Muridwala, within the area of Police Station, Mamunkanjan, Is not correct and in fact they were arrested by the police of Police Station, Sadar Muzaffargarh 'from a Basti In District Muzaffargarh. In this connection he has referred to a news item published in the daily 'Nawa-i-Waqt' dated 8-3-1988,
4. Learned counsel also argued that sister of Mst. Razia Bibi petitioner No. 1 is married to the brother of Manzur Ahmed petitioner No. 2, and as it does not seem probable that petitioner No. 2 would have abducted the real sister of his sister-in-law.
5. The petitioners are in jail for the last nine months. The trial has not been fixed so far.
In view of the fact that the suit for dissolution of marriage is pending and also in view 'of the fact that the petitioners are behind the bars for the last nine months, I feel inclined to exercise discretion in their favour. They shall be released on bail provided they furnish bail bonds in the sum of Rs. twenty thousand each with one surety each in the like amount to the satisfaction of the Assistant Commissioner, Samundri.
S.G.D./755/L Bail allowed.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer