2008 PLP 191 (MLD)

KHAWAJA NAVEED AHMED, J.

Mst. Shahzadi has filed this constitutional petition in this Court on 12-9-2007 through her Advocate Mr. Ghulam Muhammad Mughal who is called absent. Mst. Shahzadi is present in Court and has argued her petition in person very elaborately. She says that she is sui juris aged about 18 years. She has performed her Nikah with Ghulam Muhammad son of Moula Bux after swearing an affidavit of free will before the Civil Judge and Judicial Magistrate, Hyderabad. She has filed the original affidavit of free will along with original Nikahnama. The petitioner says that her father Abdul Karim who wanted to sell her to some other person and she had not agreed to the proposal of her father and had not submitted to the will of her father she performed love marriage with Ghulam Muhammad whom she knew prior to the marriage as he is distantly related to the petitioner. Petitioner says that her father has lodged F.I.R. No.49/2004 Police Station Satellite Town Mirpurkhas under sections 11/16 (Offence of Zina) Enforcement of Hadood Ordinance. In pursuant to this F.I.R. her husband was arrested by the police seven months ago and he has been remanded to Central Prison, Hyderabad. Mr. Rasheed Ahmed Qureshi, learned Assistant A.-G. is present in Court. I have requested him to peruse the file and read out the contents of F.I.R. to me which are in Sindhi language. He has read over the contents of F.I.R. according to which the alleged incident had taken place on 27-4-2004 while the F.I.R. was lodged on 5-5-2004. No explanation for the inordinate delay in lodging the F.I.R. has been given in the F.I.R. the contents of the F.I.R. have been read over loudly to Mst. Shahzadi. According to the contents it is mentioned that some people including her husband had entered into the house of the complainant at night time on 27-4-2004 and on the point of arms and ammunitions had forcibly taken her away with intention to commit zina with her. Mst. Shahzadi has vehemently denied the contents of F.I.R. and states that no such incident had ever taken place. Be that as it may, the fact remains that Mst. Shahzadi is present in Court, the F.I.R. is in respect of her kidnapping, she denies having been kidnapped by any one. Moreover, she has produced the documents of Nikahnama as well as affidavit of free will. Mr. Rasheed A. Qureshi, learned Assistant A.-G. has frankly stated that in such circumstances prosecution in case F.I.R. No.49 of 2004 will not be fruitful and it will be a futile exercise to proceed with the case. I have heard Mst. Shahzadi in person and Mr. Rasheed Ahmed Qureshi, learned Assistant A.-G. I am of the opinion that the prosecutrix/victim girl herself is not supporting the allegation of her kidnapping narrated in the F.I.R. I am in agreement with learned Assistant A.-G. that prosecution in this case will fail. At this stage the Reader of the Court and learned A.A-G. has pointed out that this matter pertains to D.B. and Single Judge can only grant some interim relief keeping in view the facts of the case mentioned above I hereby order that accused Ghulam Muhammad son of Moula Bux in case F.I.R. No.49 of 2004 Police Station Satellite Town Mirpurkhas shall be released on bail upon his furnishing surety in the sum of Rs.5000 (Five thousand) and P.R. bond in the like amount to the satisfaction of Additional Registrar of this Court. This petition may be placed for hearing before D.B. whenever it is available in Hyderabad. Intimation notice may be given to the respondents well in advance. H.B.T./S-92/K Order accordingl