ZAHIDA PARVEEN Versus STATE

ORDER

Mst. Zahida Parveen petitioner is charged with an offence under Article 10/16 of the Offence of Zina (E.O.H.) Ordinance VII of 1979.

2. The prosecution case is that she was married to Munawar Hussain and was sent alongwith Sarfraz for helping him in household affairs. Sarfraz delivered her to Rabnawaz who contracted marriage with her.

3. During investigation it was found that she was already married to Munawar Hussain and she contracted second marriage with Rabnawaz during the subsistence of her marriage with Munawar Hussain. Consequently she was arrested.

4. Bail is urged on the grounds that the case is based on false allegations and that Mst. Zahida Parveen being sui juris had voluntarily solemnised marriage with Rabnawaz. It is further stated that she was not previously married to Munawar Hussain and has filed a suit for jactitation of marriage against him. .

5. The Investigation Officer states that the Nikah of the petitioner with Rabnawaz does not stand registered with the Nikah Registrar. Only a part Nikah was produced during investigation without any other documentary material to support it. She had contracted marriage with Rabnawaz knowingly that she was already married to Munawar Hussain. Her parents who are present in Court have opposed the grant of bail to her. Accordingly to them the bail application has been filed at the instance of Rabnawaz and in case she comes out of jail, she would be obliged to go to him for leading an immoral; life.

In the above circumstances no case for bail is made out at this stage, and accordingly her application is dismissed.

N.H.Q./Z-112/L

Bail refused.