2000 PLP 2906 (YLR)

Zahid Hussain Khan for Petitioner. Naveed Shehryar Khan for Respondents. S.A. Irshad for the State. Complainant Ghulam Haider has moved the instant application for cancellation of bail granted to Muhammad Irshad respondent No. l by Sessions Judge, Khushab on 8‑12‑1998 in F. I. R. No. 138 registered on 23‑9‑1998 under sections 10, 16 of the Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), with Police Station Noorpur, District Khushab.

2. The prosecution version as gleaned out of the F. I. R. authored by Ghulam Haider is that on the night between 22/23‑9‑1998 his wife Zainab Khatoon went out of the house on the pretext to ease herself but did not return and he was told by the witnesses that Muhammad Irshad respondent No.l along with his brother Muhammad Asif were seen taking Zainab Khatoon in their white car. Complainant stated that Muhammad Irshad with the help of his brothers abducted his wife Mst. Zainab Bibi for committing illicit intercourse.

3. Pre‑arrest bail of respondent Irshad was declined by Sessions Judge, Khushab vide his order, dated 3‑11‑1998, however, his application for post‑arrest bail succeeded and bail was allowed to him by the same Court vide its order, dated 8‑12‑1998. Mst. Zainab Khatoon made a statement that although she was' married with Ghulam Haider when she was a minor but later on she accompanied the complainant as his legally‑wedded wife. Her husband had suspicion about her character and so much so that on 20‑9‑ I 998 he made an effort to commit carnal intercourse with her. On her refusal she was subjected to severe beatings with the result that `she went to the house of her brother‑in‑law who refused to accommodate her. However, later on, she went to the Chamber of an Advocate and through his good offices was sent to Darul Amaan. A suit for dissolution of marriage tiled by Mst. Zainab Khatoon against her husband Ghulam Haider complainant is pending adjudication before the Judge Family Court. Sister of Zainab Khatoon is married to one Fayyaz brother of respondent No.l. In her statement under section 164, Cr.P.C. Mst. Zainab Khatoon stated that the petitioner Irshad did not commit Zina with her.

4. The assertion of Mst. Zainab Khatoon that she left her house of her own and that Irshad respondent did not commit Zina with her was sufficient to entitle him to grant of bail which was rightly extended by Sessions Judge, Khushab. Learned counsel appearing for the complainant has not persuaded me to recall the bail granting order. I see no merit in the instant application for cancellation of bail which is accordingly dismissed. N.H.Q./G‑43/L Petition dismissed.