MUHAMMAD FAROOQ Versus THE STATE

ORDER

Muhammad Farooq petitioner seeks grant of bail in case F. I. R. No. 168 of 1998, dated 5‑5‑1998 registered under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, VII of 1979 at Police Station Mustafabad, District Kasur.

2. The . precise allegation against the petitioner as alleged in the F.I.R. is that on 4‑5‑1998 he alongwith other accused deceitfully abducted Mst. Tarteela aged 15/16 years, daughter of the complainant. Statingly efforts were made for the return of the girl and ultimately this case was registered.

3. Learned counsel for the petitioner submits that Mst. Tarteela, the alleged abductee is the legally‑wedded wife of the petitioner and to that effect she had also sworn an affidavit duly attested by Judicial Magistrate, Lahore and that after her recovery Mst. Shabeela alias Tarteela filed a suit for jactitation of marriage against the petitioner whereas the petitioner has filed a suit for restitution of conjugal rights and both the matters are pending before the Family Judge, Lahore all these facts are sufficient to bring the case of the petitioner., within the ambit of further inquiry. Conversely, learned counsel for the State has opposed the grant of bail on the ground that Mst. Tarteeld abductee has made a statement under section 164, Cr.P.C. stating that she has been subjected to Zina‑bil‑Jabar by the petitioner. Thus, argues that as the petitioner has committed a heinous offence, he does not deserve any concession.

4. We have heard the learned counsel for the parties and perused the record. It is not proper at this stage to give any finding with regard to the genuineness of the documents relied upon by the parties, and leave the same for the trial Court. Since the petitioner claims Mst. Tarteela as his legally wedded wife and in support of that he has relied upon Nikahnama as well as the suit for jactitation of marriage filed by her. Prima facie the case of . the petitioner requires further inquiry entitling the petitioner to the concession of bail. Accordingly, we admit the petitioner to bail in the sum of Rs.50,000 (Rupees Fifty thousand) with two sureties in the like amount to the satisfaction of the learned trial Court.

N.H.Q./M‑366/L

Bail granted.