MUNEER AHMAD Versus THE STATE

ORDER

This is an application for grant of bail to Muneer Ahmad and Noor Ahmad petitioners in a case under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at P.S. Naushera Jadeed, vide F.I.R. No. 241/87, dated 20‑10‑1987.

2. The prosecution case is that Mst. Sughran Bibi was married to Ameer Umar and subsequently in tile existence of her first marriage, Bilal contracted second marriage with her on 18‑8‑1987 through Nikahnama signed by the petitioner.

3. Learned counsel for the petitioners submits that Bilal, the principal accused of this case has already been released on bail and the allegations against the petitioners are that they signed Nikahnama of Mst. Sughran Bibi and Bilal. The learned counsel for State assisted by the learned counsel for the complainant has opposed this application on the ground that in the existence of a valid marriage, the Nikah of Mst. Sughran with Bilal was void and as such they have been committing Zina with each other with the abetment of the petitioner.

4. I have considered the submissions made by the learned counsel for the parties with care. I find that Bilal, principal accused has been released on bail; that there are no allegations of commission of Zina against the petitioners and that the only allegations are that they signed Nikahnama of Bilal and Mst. Sughran.

For what has been said above, the petitioners are allowed bail in the sum of Rs.10,000 (Rupees ten thousands) with one surety each in the like amount to the satisfaction of A.C. /Duty Magistrate, Ahmadpur East.

M.Y.H./M‑787/L Bail granted.