MUHAMMAD TARIQ Versus STATE

ORDER

The petitioner is accused of offences under sections 10 and 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 read with section 380, P.P.C. vide F.I.R. No.240/93, dated 7-9-1993, registered at Police Station Kot Lakhpat, Lahore.

2. The learned counsel for the petitioner and the State were heard at length in respect of the contentions raised herein. Admittedly, it has been stated by the alleged abductee in her statement recorded under the provisions of section 164, Cr.P.C. that she was taken away form the house of her father, complainant, at night and not during the day at 3-00 p.m. as stated in the F.I.R. in question, and it was further confirmed on behalf of the State that the alleged abductee's narration therein is to the effect that she had travelled on public transport with the accused/petitioner, while being taken to his village, and that forcibly her Nikah was solemnized with the petitioner at the said place and it was only thereafter, it is alleged, that Zina had taken place. Therefore, whether the Nikah in question is valid or not is yet to be determined by the competent forum in accordance with law, which renders the instant case one of further inquiry under the provisions of subsection (2) of section 497, Cr.P.C. It was further confirmed on behalf of the State that the petitioner is neither a A previous convict nor a hardened criminal, and that he has been in the judicial custody for over five months and is no longer required by the police.

3. Therefore, the petitioner is hereby allowed bail in the sum of Rs.30,000 with two sureties in the like amount to the satisfaction of the A.C./Duty Magistrate, Model Town, Lahore.

N.H.Q./M-1663/L Bail allowed.