MUMTAZ HUSSAIN Versus THE STATE

ORDER

Petitioner seeks his post‑arrest bail in case F.1.R. No. 19 of 1998, dated 13‑1‑1998 registered under section 16/10 of the Offence of Zina (Enforcement of Hudood) Ordinance No. VII, 1979 a Police Station Saddar, Pakpattan Shaif.

2. Precise allegation against the petitioner as alleged in the F.I.R., is that he enticed away Mst. Zuhran Bib.

3. Learned counsel for the petitioner submits that Mst. Zuhran Bibi is legally wedded wife of the petitioner and that he contracted marriage with said Mst. Zuhran with her willingness and consent, thus, the petitioner has offence. committed no offence.

4. Learned counsel for the State has vehemently‑opposed the contentions raised by learned counsel for the petitioner.

5. I have heard both the parties and have gone through the documents attached with this petition.

6. According to the prosecution's own case, Mst. Zuhran Bibi was abducted by the petitioner for the purpose of illicit relations but during the investigation, Mst. Zuhran Bibi was also arrayed as an accused person and she was allowed bail by the learned Additional Sessions Judge, Pakpattan Sharif' vide order, dated 16‑2‑1999. The claim of the petitioner is that Mst. Zuhran Bibi is his legally wedded wife. The same stand was also taken by Mst. Zuhran Bibi before the lower Court. The question with regard to the genuineness of the Nikah between the spouses could only be determined by the Trial Court after appropriate assessment of the prosecution evidence. Prima facie, case of the petitioner requires further enquiry and he is entitled to the concession of bail. Accordingly, the petitioner is admitted to bail subject to furnishing bail bonds to the tune of Rs. 50,000 (Rupees fifty thousand) with two sureties each in the like amount to the satisfaction of learned trial Court.

N. H. Q./M‑1140/L

Bail allowed.