IRSHAD BEGUM Versus MUHAMMAD BASHIR

ORDER

The petitioners are accused of offences under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, vide F.I.R. No.195, dated 25-10-1993 registered at Police Station Saddar, Toba Tek Singh.

2. The learned counsel for the petitioners and the State were heard in respect of the contentions raised herein. It was confirmed on behalf of the State that both the petitioners clam to have entered into a Nikah duly registered in accordance with law at Gojra on 26-10-1993. Therefore, whether or not, both the petitioners are guilty of the offences alleged call for further i inquiry under the provisions of subsection (2) of section 497, Cr.P.C.' Furthermore, without commenting on the merits of the case, it may be observed that it is an established principle of, law as repeatedly laid down by the superior Courts, that in the event of Nikah being claimed by both the parties concerned, full recognition has to be given to the marriage between the said parties. It was further confirmed on behalf of the State that both the i petitioners are neither previous convicts nor hardened criminals and that they are no longer required by the police.

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3. Therefore, the petitioners are hereby allowed bail in the sum of Rs.30,000 each with two sureties each in the like amount to the satisfaction of the A.C./Duty Magistrate, Toba Tek Singh.

N.H.Q./M-1665/L Bail allowed.