SAEEDULLAH Versus THE STATE
ORDER
1. Applicants Saeedullah and Mst. Shabe Meraj are facing trial in the Court of 1Vth Additional. Sessions Judge, East, Karachi consequent to an F.I.R. No. 752/87 lodged on 25‑11‑1987 by Haji Mohammad Kalu Khan, the first husband of Mst. Shabe Meraj. .
2. Briefly prosecution case is that complainant made an application to the Senior Superintendent of Police East Karachi which reads as under:
3. "It is submitted that we came to Pakistan in 19(?) and after getting Identity Card and the Passport prepared I went to Saudi Arabia under a visa and remitted about Rs. 1,50,000 (Rs: One lad and fifty thousand) to Karachi from Saudi Arabia through Bank by Affixing Signatures. My wife wrote a letter to me to Saudi Arabia that I should call her to Saudi Arabia, so I called my wife and children to Saudi Arabia from Karachi under a visa and after 3 years I sent my wife and children back to Karachi. I gave the golden ornaments weighing 40/50 tolas to my four daughters and my wife by getting them (ornaments) prepared in Saudi Arabia. I returned to Karachi from Saudi Arabia my wife (transferred) the plot of land measuring 120 Yds. to my name which was purchased by her. On my demanding accounts of the gold and the money she started quarrelling. In my absence my wife had developed illicit relations with Saeedullah the husband of, my nice. One day my wife made me drink poison in collusion with Saeedullah but my life was saved due to Medical aid forthwith. Thereafter my wife gave beatings to me in presence of my younger son Fero7 Alam in collusion with Saeedullah. Moreover, after preparing a forged Divorce. Deed on my behalf, my wife and Saeedullah got the "Nikah' solemnized after giving money to a 'Moulvi' (Nikah Registrar). Inspite of that the said Moulvi... Saeedullah sent me to jail after engineering a false case 'against me at Kharadar Police Station while I and Saeedullah both are living in the jurisdiction of P.S. Korangi.
4. Saeedullah is a professional criminal man who is running business of Narcotics and also deals m sale and purchase of women. F.I.R. regarding sale of (a woman) is also registered against him at Korangi Police Station. The wealth available with him has been earned by me in the shape of house and the ornament; deposited which is being spent by him. Moreover, I apprehend danger to my life and to the lives of my children. He has attacked me three times and he issues threat to me that I should go to some other place from here otherwise he would kill me. Saeedullah has joined my son‑in‑law (daughter's husband) with him by giving him temptations of money. On 29‑9‑1987 at about 12.00 O'clock he got my daughter confined in the Police Station after taking my daughter into confidence and saying that she should forbid her father otherwise he would not spare her. He has carried away all the money and the ornaments from the house`' by looting (ornaments) from the house by looting and has issued threats for committing murder. My request through this application is that protection to my life may be given and a case under Zina Hudood Ordinance against wife and Saeedullah be registered and they may please be awarded an exemplary punishment. I shall pray for your children uptill my life. My son Feroz Alam and my son‑in‑law (daughter's husband) Maqeed Alam are with him at the House..."
5. The application was endorsed by Sr. S.P. to S.H.O. Korangi P.W. who incorporated the same in 154 Cr.P.C. Book and after normal investigation booked the applicants for offence under section 10(2), Zina Ordinance, 1979.
6. I have heard Mr. Shahadat Awan, learned counsel for the applicants and Mr. Syed Sarfraz Ahmed, AA. G. for the State.
7. Applicants counsel has contended that the case against the applicants is false and result of enmity between the applicants and the complainant which is spelled out from the contents of the application made by him. He had further submitted that applicant No.2 was divorced by the complainant on 13‑2‑1986 and after completing the period of 'Iddat' she contracted second marriage with the`'` applicant No.1 Saeedullah. Alongwith the application for bail the divorce deed has been filed as Annexture 'C'. Applicant No.2 had also filed Family Suit No.744 of 1987 and suit for jactitation of marriage. Learned counsel also submitted that in the application the complainant has admitted that Saeedullah applicant got Nikah solemnized through Nikah Registrar. Mr. Syed Sarfaraz Ahmed, A.A. G. Appearing for the State has not controverted the contentions raised by the, applicant's counsel.
8. The bail plea is urged on several grounds; firstly, applicant No.2 is a woman and entitled to benefit of concession of bail under proviso to section 497 Cr.P.C. in that the learned counsel has placed reliance on the case of Mst. Robina Shamim v. The State (1986 P.Cr.L.J. 1588) and Mst. Allah Jiwai v. The State reported in 1984 P.Cr.L.J. 129, secondly in any case it is a case of further enquiry because applicants have taken plea that they are legally wedded and applicant I No.2 had been divorced by the complainant, thereafter they entered into lawful wedlock. Copies of divorce deed and civil cases between applicant No.2 and' complainant are produced. Mr. Syed Sarfaraz Ahmed, A.A. G. has not seriously resisted or opposed bail.
9. In the facts and circumstances of the case marriage between applicants, Nos.1 and 2 is not denied by the complainant his application made to S.S.P. and I' am of the view that plea taken by applicants is to be thrashed at the time of trial. I F At this stage I am inclined to extend benefit of concession of bail to the applicants as the case calls for further enquiry and for the facts and reasons stated above, I , admit applicants to bail in the sum of Rs. 30,000 each with one surety and P.R. bond in the like amount to the satisfaction of the trial Court.
10. Cr. Bail Application No.199/1988 is granted.
11. M.Y.H/S‑223/K Bail granted