AMJAD BASHIR Versus THE STATE

ORDER

Muhammad Shafi, complainant, reported at Police Station Sinawan, District Muzaffargarh that his wife Mst. Aziz Khatun had been abducted by the petitioner, as a sequel to their illicit connection, on 20‑11‑1987. He tried to get her back but did not succeed, therefore, he lodged instant report on 8‑12‑1987. The petitioner was arrested on 24‑1‑1988 and he had produced the abductee before the police, since then he is in jail. Petitioner's bail plea had been declined by the lower Court, hence this application.

I have heard learned counsel for the petitioner as well as. for the State and also perused the record.

3. It is contended that Mst. Aziz Khatun, the abductee, had been divorced by Muhammad Shafi complainant, whereafter the petitioner contracted marriage with her and that in a case filed by the petitioner for restitution of conjugal rights, the abductee having appeared, conceded his suit and a decree was passed in his favour. It is, therefore, argued that the petitioner is bona fide and legal husband of the abductee and committed no offence whatsoever Covered by the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. Learned A.A.‑G. states that no investigation has been made on this line by the police, and that the challan has since been submitted in Court. In these circumstances, I think, that in the allegation levelled against the petitioner further inquiry is needed. Consequently, I allow this petition and direct that the petitioner be released subject to his furnishing bail bonds in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of A. C./Duty Magistrate Kot Addu.

S. G. D. /A‑433/L Bail allowed