1988 P Cr (PLP)

(c) Criminal Procedure Code (V of 1898)‑‑ ‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10 & 11‑‑Bail, grant of‑‑No role attributed to accused‑‑Bail granted. Muhammad Bashir Khan for Petitioner Abdur Rashid Sheikh for the State. Muhammad Yaqub Sindhu for the Complainant. Vide F.I.R. No.291, dated 3‑9‑1984 Police Station Makhdoom Rashid, Multan registered a case under section 10/11 of the Offence of Zina (Enforcement of Hadood) Ordinance No.VII of 1979. Two daughters of the complainant are married with Ghulam Hussain petitioner No.1 and Haq Nawaz. The son‑in‑law of the complainant desired that the third daughter of the complainant namely Maryam petitioner No.4 be given in marriage to their brother namely Muhammad Nawaz son of Karim Bakhsh petitioner No.2. According to the complainant he had not agreed with the said proposal, as he desired that the hand of Mst. Maryam petitioner No.4 be given in marriage to one Qayyum a cousin of Mst. Maryam petitioner No.4. The complainant stated that Mst. Maryam was abducted by the petitioner and despite his best efforts Mst. Maryam had not been restored.

2. The investigation of this case reveals that two Nikahnamas exist in respect of the marriage of Mst. Maryam one with Nawaz petitioner, and the other with Qayyum. According to the complainant, the "Marriage of Mst. Maryam petitioner took place with Muhammad Qayyum on 8‑7‑1984 while according to the petitioners the marriage of Mst. Maryam and Nawaz was performed on 9‑5‑1984. The learned Sessions Judge, Multan had sent for the record of both Nikahnamas and had also summoned the Nikah‑Khawan. The learned Sessions Judge, after perusal of the record came to the conclusion that Nikah of Maryam petitioner with Nawaz petitioner was forged and accordingly the Nikah‑Khawan was ordered to be arrested. In support of this bail application Mr. Muhammad Bashir Khan, Advocate contended that a suit for jactitation of marriage was also instituted by Mst. Maryam petitioner against Muhammad Qayyum three/four days after lodging the FIR. The learned counsel also relied upon an affidavit dated 9‑5‑1984 in which Maryam swore that she had entered into a contract of marriage with Muhammad Nawaz of her own free will. The investigation of the case is completed and the challan is likely to be submitted.

3. Considering all the circumstances of the case, I would admit Mst. Maryam to bail provided her father the complainant stands surety for her and the Jail Authorities shall hand over the custody of Mst. Maryam to the complainant. She will be admitted to bail provided she furnishes security in the sum of Rs.5,000 with one surety in the like amount to the satisfaction of the Assistant Commissioner, Multan.

4. As far as the petitioners Nos.1 and 2 Ghulam Hussain and Muhammad Nawaz son of Karim Bukhsh are concerned, I am not inclined to admit them to bail at this stage. Considering the case of Muhammad Nawaz son of Ghulam Muhammad petitioner No.3 since no role has been attributed to him, therefore he will be admitted to bail provided he furnishes security in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of the Assistant Commissioner, Multan.

9. The bail application in respect of Ghulam Hussain and Nawaz is dismissed.

6. Barkat Ali ASI, P.S. Makhdoom Rashid is directed to submit the challan within one week. M.Y.H./M‑524/L Order accordingly.