MUHAMMAD RAMZAN Versus STATE

ORDER

The petitioner is one of the accused in a case registered vide F.I.R. No.101/93 under section 10/11 of the Offenceof Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station, Factory Area, Faisalabad.

2. The learned counsel for the petitioner and the State were heard in respect of the contentions raised herein. It was confirmed on behalf of the State that as contended herein, the petitioner and the alleged abductee had entered into a Nikah though the case of the prosecution was that it was done forcibly. It was further confirmed on behalf of the State that whereas the petitioner has filed a suit for restitution of conjugal rights, the alleged abductee has filed a suit for jactitation of marriage, against; each other respectively. Therefore, under such circumstances, the case of the petitioner is duly covered under the, provisions of subsection (2) of section 497,, Cr.P.C. and the instant case is one of further inquiry. In this respect, strength is derived from Pathana and others v. The State 1993 P Cr. L J 731 relied upon by the learned counsel for the petitioner. It .was further confirmed on behalf of the State that the petitioner is neither a previous convict nor a hardened criminal and is no longer required by the police, and has been in judicial custody for over ten months.

3. Therefore, in view of what has been stated above, the petitioner is hereby allowed bail in the sum of Rs.30,000 with two sureties each in the like amount to the satisfaction of the A.C./Duty Magistrate, Faisalabad.

N.H.Q./M-1664/L Bail allowed.