1983 P Cr (PLP)

S. 497-Bail, grant of-Petitioner, accused of offence under Ss. 10 & 11 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979-Prosecutrix allegedly a woman of easy virtue and done to death by her husband for that-Star witness no more in this world to depose against petitioner-Petitioner allegedly involved in case due to enmity -Petitioner allowed bail, in circum stances. Taj Muhammad Khan Langah for Petitioner. Akhtar Masood for the State. Date of hearing : 31st October, 1982. The facts of the case in brief are that Mst. Shahida Parveen wife of Muhammad Shahbaz complainant had an intrigue with Haq Nawaz petitioner. She allegedly had eloped with the petitioner on the night of 30th June, 1982 and was seen in his company boarding a bus bound for Faisalabad. On 13th July, 1982 a case was registered under Articles 10, 11 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979. During investigation she was recovered through Panchiat from the custody of the petitioner on 17th July, 1982. It is admitted before me that the abductee (Mst. Shabida Parveen) has since been killed by her husband (complainant in this. case) on 19th July, 1982. Her killer is stated to have been enlarged or bail as all to eye-witnesses have sworn affidavits including the father of the deceased, about his innocence. 2. An earlier bail petition moved by the petitioner was dismissed on 7th October, 1982 by the learned Additional Sessions Judge, Vehari, therefore he approached this Court. 3. I have heard learned counsel for the petitioner, as well as for the State and perused the record. It is contended on behalf of the petitioner that Mst. Shabida Parveen abductee in this case was a woman of easy virtue and was therefore, done to death by her husband. Her activities were so ignominious that her family heaved a sigh of relief at her death so much so that her father has excused her killer. It is next con tended that the petitioner was involved in the case due to enmity and that the star witness against him in this case, is no more in this world, as result whereof the case against the petitioner has not only become weaker rather the chances of its success have almost vanished. In these circumstances it is urged that the petitioner is entitled to the grant of bail. 4. Contentions raised, without prejudice to the merits of this case in my view have force. I am therefore, inclined to allow this petition. The A petitioner be released on bail subject to his furnishing security in the sum of Rs. 20,000 with one surety in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, Vehari. Bail allowed.