MUHAMMAD FAZIL Versus STATE

ORDER

This is an application for grant of bail to Bashir Ahmad in case under section 16/10 Offence of Zina (Enforcement of Hadood) Ordinance, 1979 registered at Police Station, Sadar, Sadiqabad, vide F.I.R. No. 4/86.

2. The prosecution case is that the petitioner and others took away Mst. Anwar Mai and thereafter the petitioner committed Zina with her. Learned counsel for the petitioner submits that Makhna, the first husband of Mst. Anwar Mai, having divorced her on 20‑9‑1980, the petitioner married her on 18‑10‑1985 in the presence of her parents and a child has been born out of this wedlock Learned counsel for the State has opposed this application.

3. Learned counsel for the State has seriously opposed this application on the ground that divorce deed having been found forged by the Finger Print Expert, the petitioner is not the legally‑wedded husband of Mst. Anwar Mai.

4. I have considered the matter carefully. I find that there was a divorce deed executed by Makhna which was subsequently found to be forged; that there is nothing on record to show that Bashir Ahmad knew that the divorce deed was A forged; that Talaq was executed on 20‑9‑1980 and the petitioner married Anwar Mai on 18‑10‑1985 and child has also been born out of this wedlock.

5. For what has been said above, without making expression of opinion le9t it may prejudice the case on merits, I feel that a case for grant of bail has been made out. So the petitioner is allowed bail in the sum of Rs. 10,000 (Rs. ten thousand only) with one surety in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Sadiqabad.

SA./B‑135/L

Bail granted.