ISLAM SHAH Versus THE STATE

ORDER

This is an application for grant of bail to Islam Shah petitioner in case under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at P.S. Cantt. Gujranwala vide FA.R. No. 131 dated 9‑7‑19.87.

2. The prosecution case is that the petitioner abducted Mst. Sughran Bibi and thereafter committed Zina‑bil‑Jabrwith her.

3. Learned counsel for the petitioner submitted that Mst. Sughran Bibi after having embraced Islam married the petitioner and as such no offence has been committed. Learned counsel for the State has opposed this application.

4. I have considered the submissions made by the learned counsel for the parties with care. I find that Nikah of Mst. Sughran Bibi (Khudeja Bibi) was performed with the petitioner on 7‑7‑‑1987; that Nikahnama is on the record; that Lt.‑Col. Mazhar Rafiq, Commanding Officer, S. Nisar Hussain Naqvi, Advocate have sworn affidavits to the effect that Mst. Sughran Bibi (Khudeja Bibi) had married with the petitioner with her consent; that Mst. Sughran Bibi (Khudeja Bibi) herself sworn affidavit on 6‑1‑1987 wherein she stated that she' was aged 20 years and wanted to marry Islam Shah petitioner with her consent and that the petitioner is in jail for the last six months.

For what has been said above, without making expression of opinion lest it may prejudice the trial, I feel that a case for grant of bail to the petitioner is made out. He is, therefore, allowed bail in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of Deputy Registrar (Judicial) of this Court. The petition is disposed of.

M.Y.H./I‑51/L Bail granted.