AMINUL HAQUE Versus STATE

ORDER

The petitioner is accused of offence under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 read with section 363, P.P.C. vide F.I.R. No.50, dated 7-5-1993 registered at Police Station Shah Nikdar, District Sargodha.

2. According to the F.I.R., in brief, the petitioner, alongwith his co- accused, had abducted Mst. Abida Hussain and her brother Imran, and the petitioner had been committing Zina with the said Mst. Abida Hussain.

3. The learned counsel for the petitioner was heard at length in respect of the contentions raised herein. It was confirmed by the Police Officer, present in the Court, that the Nikah Nama in question is duly registered in accordance with law applicable thereto; and further, confirmed that the alleged abductee was at present living in the house of the petitioner, whom she claims A to be her husband. Therefore, the petitioner's case is duly covered by the provisions of subsection (2) of section 497, Cr.P.C. Further confirmed that the petitioner is neither a previous convict nor a hardened criminal and that he is no longer required by the police.

4. Pursuant to what has been stated above, the petitioner is hereby allowed bail in the sum of Rs.20,000 with two sureties in the like amount to the satisfaction of the A.C./Duty Magistrate, Sillanwali, District Sargodha.

N.H.Q./A-543/L Bail allowed.