NAZAR MUHAMMAD Versus STATE
This is a petition for bail submitted by Nazar Muhammad petitioner who is involved in a case under sections 11 and 16 of the Offence of Zina (Enforcement of Hudood; Ordinance, 1979, arising out of F.
1. R. No. 153 dated 15-9-1982 of Police Station Mamun Kanjan. The petitioner and the co-accused Mst: Mumtaz are alleged to have committed zina in a sugarcane field in the area of Chak No. 456/G. B.. Tehsil Samundari, District, Faisalabad and he is further alleged to have abducted Mst. Mumtaz for purpose of marriage and zina.
2. The co-accused Mst. Mumtaz has already been admitted to bail by the learned Sessions Judge, Faisalabad, vide his order dated 2-11-1982 while the said learned Judge has declined the plea for bail of the petitioner.
3. According to the contents of the F. I. R., four persons, i.e. Fazil, the first informant, his sons Zulfiqar and Sanatta, and Said his brother, saw the petitioner and Mumtaz committing zina in the sugarcane field. It is surprising that these four persons were not able to apprehend the petitioner and Mst. Mumtaz on the spot and they managed to run away.
Mst. Mumtaz is a grown-up woman and a divorcee. After her recovery, no statement under section 164, Cr. P. C. has been recorded, According to medical evidence, no marks of struggle and no stains on clothes were found in case of Mst. Mumtaz. The allegations against the petitioner and Mst. Mumtaz are identical. In her case, the learned Sessions Judge observe that it was a case of further enquiry. Muhammad Sadiq, the owner of the sugar-cane field in which the petitioner and Mst. Mumtaz allegedly committed Zina has sworn affidavit regarding their innocence. Mst. Mumtaz being sui juris and pubert and also a divorcee has every right to enter into contract of marriage with the petitioner or any other person of her choice and no exception can be taken in this behalf.
5. In the above circumstances and without prejudice to the merits of the case, the petitioner is admitted to bail in the sum of Rs. 15,000 (fifteen thou sand) with one surety, in the like amount to the satisfaction of Assistant Commissioner, Samundari.
Petition allowed.