1987 P Cr (PLP)

‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10 & 11‑‑Bail, grant of ‑‑F.I.R. lodged with unexplained delay of three years‑‑Petitioners in jail and no more required by police for purposes of investigation‑‑Delay in registration of case would bring case of petitioner within subsection (2) of S. 497, Cr.P.C.‑‑Petitioners allowed bail, in circumstances. Sahibzada Badrul Hassan Khan Sabri for Petitioners. M. Salim Shad for the State. A case under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 was registered against the petitioners on 15‑10‑1986, with the Police Station Sarwar Road, Lahore Cantt. for an offence which took place on 10‑12‑1983. The allegation against the petitioners is that the complainant who claimed to be the husband of Mst. Khurshid Bibi had gone to the hospital on 10‑12‑1983, when he came back, he was informed by his brother Muhammad Siddiq that his wife had been taken away by some one called Taj Din on the pre‑text that Mst. Khurshid Bibi's sister was seriously ill. The complainant further discloses that from that date till the day, he lodged the F.I.R. he kept on searching for his wife for three years long. Ultimately he found her within the vicinity of Allama Iqbal Town, Lahore and, therefore, he reported the matter.

2. Learned counsel contends that there is unexplained delay of three years in the registration of the case. He further contends that Taj Din, petitioner was earlier married to Mst. Khurshid Bibi but in the year 1983, he had divorced her then she got married to Rashid Ahmad, the complainant in the present case. He further submits that out of the previous wedlock she had given birth to two daughters who were living with Taj Din (previous husband of Mst. Khurshid Bibi) and she used to visit him in order to see her daughters which was resented by the complainant in the present case.

3. The petitioners are in jail and are no more required by the police for the purpose of investigation. Unexplained delay in the registration of the case brings the case of the petitioners falls within subsection (2) to section 497, Cr.P.C. In these circumstances, the petitioners are granted bail in the sum of Rs.10,000 (Rupees ten thousand only) each, with two sureties each in the like amount to the satisfaction of the Assistant Commissioner/Duty Magistrate, Lahore Cantt. S.G.D./T‑10/L Bail allowed.