1987 PLP 1808 (MLD)

Muhammad Akbar Cheema for Petitioners. Khurshid Khan for the Complainant. This is an application for grant of pre-arrest bail to Mst.Khurshid Akhtar, Mst.Shahida Parveen and Mrs. Farzana Jabeen petitioners in a case under section 10/16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at P.S. Kanganpur, vide FIR No.376/86 dated 12-11-1986.

2. The prosecution case is that the petitioners Nos.l and 2 and Zahid Mehmood co-accused deceitfully took away Mst. Farzana Jabeen petitioner No.3 from the house of Muhammad Yousaf, the husband of the maternal-aunt of Mst. Farzana Jabeen in order to subject her to illicit inter-course and thereafter, Mst: Farzana Jabeen petitioner No.3 and Zahid Mehmood have been committing zina with their consent.

3. Learned counsel for the petitioners submitted that Mst. Farzana Jabeen is the legally-wedded wife of Zahid Mehmood and that since she had contracted marriage with Zahid Mehmood on 20-9-1986 against the wishes of her parents, therefore, a forged Nikahnama in respect of the Nikah of Mst. Farzana Jabeen with one Mukhtar has been prepared wherein the date of Nikah has falsely been shown as 2-5-1986 to involve the petitioners and Zahid Mehmood falsely in the instant case and that the pre-arrest bail granted by the learned Sessions Judge to the petitioners has subsequently been cancelled by him without any legal and factual justification. Conversely, the learned counsel for the State assisted by the learned counsel for the complainant has opposed this application on the ground that Mst. Farzana Jabeeri having already been married with Mukhtar could not contract marriage with Zahid Mehmood; that the petitioners had misused the concession of pre arrest bail granted by the learned Sessions Judge, inasmuch, as, they did not join the investigation and also threatened Hashim Ali P.W., who has lodged a complaint under sections 452/506/323 P.P.C. against them.

4. I have considered the submissions made by the learned counsel for the parties with care. I find that there are two Nikahnamas of the Nikah of Mst. Farzana Jabeen petitioner No.3; that Mst. Farzana Jabeen petitioner No.3 in affidavits sworn by her, statement made by her in complaint against Muhammad Akmal and others and in suit for the jactitation of marriage filed by her against Muhammad Mukhtar has consistently stated that she had married Zahid Mehmood with her consent and the alleged Nikahnama with Muhammad Mukhtar is fake. Mst. Farzana Jabeen petitioner is present in the Court. She is su' juris. She states that she is legally-wedded wife of Zahid Mehmood and was never abducted by petitioners No.l & 2; that the petitioners are women and their case falls within the proviso to section 497 Cr.P.C.; that the learned Sessions Judge had' allowed them bail on merits; that the learned Sessions Judge subsequently cancelled the case on the ground that the petitioners by having not joined the investigation and given threat to prosecution witness had misused the concession of bail; that the Investigating Officer present in the Court states that petitioners had joined the investigation at one stage and that the complaint with regard to the threats extended by the petitioners being a matter sub judice could not be made basis for the cancellation of bail. For what has been said above, the interim pre-arrest bail already allowed to the petitioners on 25-4-1987 is, hereby, confirmed. S.A. K-28/L??????????????????????????????????????????????????????????????????????????????????????? Bail confirmed.