MUHAMMAD JALIL AKBTAR Versus STATE
ORDER
This is an application for bail on behalf of Muhammad Jalil Akhtar, Muhammad Khalil Anwar, Saleh Muhammad and Rashida Bibi, petitioners, in a case under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at Police Station Saddar, Rahimyar Khan, vide F.I.R. No.179/83, dated 6th July, 1983.
2. The prosecution case is that the petitioners 1 to 3 armed with deadly weapons abducted Mst. Rashida Bibi, petitioner No.4 from the house of Ghulam Haider, complainant, in order to subject her to Zina. Since during the investigation Mst. Rashida Bibi refused to support the prosecution case and stated that she has contracted marriage with Muhammad Jalil Akhtar, petitioner No.1, therefore, she was arrested as an accused person.
3. Learned counsel for the petitioners submits that Mst. Rashida Bibi is legally-wedded wife of Muhammad Jalil Akhtar, petitioner No.1 and that the story of abduction is altogether false. Inasmuch as Saleh Muhammad, petitioner No.3 father of Muhammad Jalil Akhtar, petitioner No.1 and Khalil Anwar--brother of Muhammad Jalil Akhtar, have been falsely rope in. He has also produced real brother of the alleged abductee to substantiate that the Nikah of Rashida Bibi with Muhammad Jalil Akhtar is genuine one.
Against this, the learned counsel for the State assisted by the learned counsel for the complainant has opposed this application on the ground that the alleged Nikahnama pertaining to the Nikah of Rashida Bibi, Petitioner No.4 with Muhammad Jalil Akhtar, petitioner No.1, is forged one and that she is in fact legally-wedded wife of Abid Hussain. The Investigating Officer who is present in Court informs that he has collected both the Nikahnama during the investigation and sent the same to Handwriting Expert and that the result has not been received so far.
In view of this statement learned counsel for the petitioners has decided not to press the plea for bail of Muhammad Jalil Akhtar at this stage. He states that he would repeat the application after the result of the Handwriting Expert is received.
4. Having considered the argument advanced by the learned counsel for the parties with care, I am of the opinion that as for Muhammad Khalil Anwar and Saleh Muhammad petitioners, there is no allegation of Zina against them and that the alleged abductee has not supported the story of the alleged abduction. Furthermore they are brother and father respectively, of Muhammad Jalil Akhtar, petitioner No. 1 . As far Mst. Rashida Bibi I find that according to the F.I.R. she is not an accused person anti that when she refused to support the prosecution she was arrested. She being a woman her case also falls within the proviso of section 497, Cr.P.C. In these circumstances I am of the opinion that as far as the three petitioners namely Muhammad Khalil, Saleh Muhammad and Mst. Rashida Bibi are concerned it is a fit case for grant of bail. They are, therefore, allowed bail in the sum of Rs.10,000 (Rupees ten thousand only) each with one surety each in the like amount to the satisfaction of the Assistant Commissioner/ Duty Magistrate, Rahimyar Khan. As far as Muhammad Jalil Akhtar is concerned his application for bail is dismissed at this stage.
M. Y. H. Order accordingly.