MST. SHAHNAZ Versus THE STATE
ORDER
Muhammad Ashraf complainant reported at Police Station Qadirpur District Jhang that he married Mst. Shahnaz, petitioner, seven years ago when she was a minor. He further stated that about a fortnight earlier her father namely Mupal has given her in marriage to Allah Ditta accused during the subsistence of his Nikah with her, therefore, Mst. Shahnaz is guilty of committing Zina with Allah Ditta while Mupal is her abettor.
2. A case was registered on 11‑10‑1987 and investigated. Allah Ditta and Mupal were allowed bail by Additional Sessions Judge on 10‑11‑1987. Against this order Muhammad Ashraf complainant has filed Criminal Miscellaneous No.4226‑B of 1987 for cancellation of their bail. Mst. Shahnaz has approached this Court through filing application Criminal Miscellaneous No.4090‑B of 1987 for the grant of pre‑arrest bail. This order will dispose of both the petitions one filed by Mst. Shahnaz and other by Muhammad Ashraf mentioned above as they arise from the same F.I.R.
3. I have heard the learned counsel for the petitioner as well as for the complainant and the State and also perused the record.
4. The Nikah alleged by the petitioner Muhammad Ashraf/complainant with Mst. Shahnaz is oral and not registered one. Mst.Shahnaz as well as her father Mupal accused/ respondent's case is' that Mst. Shahnaz is his daughter who was virgin when he gave her A in marriage to Allah Ditta and that the Nikah was regularly registered. In view of the documentary evidence supporting the claim of the accused against the oral Nikah with Mst. Shahnaz claimed by the complainant, it is essentially a case of further inquiry to find as to who is the legal husband of Mst. Shahnaz. In the circumstances the interim bail allowed to the petitioner Mst. Shahnaz is hereby confirmed'.
5. As far the other petition (Criminal Miscellaneous No.4226‑B of 1987) for cancellation of bail is concerned I find that the learned Additional Sessions Judge in the circumstances 'mentioned above has not faltered in exercising his discretion in favour of Allah Ditta, Mupal accused/ respondents. Therefore, the petition for cancellation of bail filed by Muhammad Ashraf has no merit which is hereby, dismissed.
S. A./S‑157/L Bail granted.