1998 P Cr (PLP)

S. 497-- Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. l l & 16

Bail, grant of-- -Allegations against accused were that he alongwith another accused abducted daughter of complainant who was already given in Nikah to another person

Accused had contended that alleged abductee was sui juris and had contracted marriage with him on her free-will which was duly solmenised

Accused had also produced Nikahnama before police, copy of which was available on record

Alleged abductee also appeared before Court and submitted her affidavit and stated that accused was her lawful husband and assertions of her father that she was married someone else was not correct-- Alleged abductee also admitted that she had also filed a suit for jactitation of marriage against person with whom she was allegedly married and her father in which she had categorically claimed that she was married to the accused

Case required further enquiry to determine issue of marriage of abductee with accused and other person as claimed by her father/complainant

Till such determination, accused could not be kept behind bars unnecessarily

Accused admitted to bail in circumstances. Abdul Aziz Khan Niazi for Petitioner. Khalid Ayyaz for the State. Muhammad Iqbal who is accused in a case vide F.I.R. No. 170 of 1996, dated i2-9-1996 under sections 11 and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) registered at Police Station Saddar Mails] has applied for bail. According to the averments made in the said 1.I.R. one Dost Muhammad, the complainant reported that his daughter Mst. Khan Bib who was given in Nikah to one Abdur Razzaq son of Khuda Bakhsh about three years back and was an under--trainee L.H.V. was abducted by Muhammad Iqbal (the petitioner), Bashir Ahmad, Noor Muhammad, Karim Bakhsh, Mst. Sughran and Mst. Nasreen. In consequence of the aforesaid F.I.R. the petitioner was arrested. He later on, alongwith Noor Muhammad accused applied for bail to the Court of Session. Learned Additional Sessions Judge, Mailsi, who heard the application for bail admitted Noor Muhammad to bail, while disallowed bail to the present petitioner who has now brought this petition for bail.

2. It was contended that Mst. Khan Bibi who is sui juris has contracted marriage with the petitioner on her free-will which was duly solemnised on 25-4-1996. In support of his contentions the petitioner had also produced Nikahnama before the police, copy of which is present on the record. The said Mst. Khan Bibi has also appeared before the learned Civil Judge/Magistrate, First Class, Mailsi on 11-12-1996, submitted an affidavit and stated that the present petitioner was her lawful husband. She further stated that the assertions of her father that she is married to any other person were not correct. It is admitted that Mst Khan Bibi has also filed a suit for jactitation of marriage against Abdur Razzaq acid her father lost Muhammad in the Court of Senior Civil Judge/Judge, Family Court. Multan. In the said suit she has categorically claimed that she was married to the present petitioner.

3. In view thereof, the case requires further enquiry to determine the issue of marriage with the present petitioner and Abdur Razzaq as claimed by the father of Mst. Khan Bibi. Consequently, till such determination, the present petitioner should not be kept behind the bars unnecessarily. Hence, accepting the present petition, the petitioner is admitted to bail subject to his furnishing bail bond in the sum of Rs.30,000 (Rupees thirty thousand only) with one surety in the like amount to the satisfaction of D.R. (Judl.) of this Court. H.B.T./M-513/L Bail granted.