MUHAMMAD SHAFI Versus STATE

ORDER

The petitioner is an accused in a case registered vide F.I.R. No.175/93, dated 5-6-1993 under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, at Police Station Saddar Depalpur, District Okara. Section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, and section 494, P.P.C. were added subsequently to the case in question.

2. The learned counsel for the petitioner and the State were heard at length in respect of the contentions raised herein. It was confirmed by the learned counsel for the State and the Police Officer, present in the Court, that the Nikah of the alleged abductee, namely Sakina Bibi, claimed to have taken place about 8 years before the present occurrence with one Mansha, was not registered, but the Nikah claimed by the petitioner with the alleged abductee was duly registered in accordance with law. Further taking into consideration that there is six months' delay in the registration of the case in question and there is no plausible explanation for the same; and in addition thereto, as the petitioner is no longer A required by the police and he is neither a previous convict nor a hardened criminal, it is hereby held that petitioner's case is duly covered by the provisions of subsection (2) of section 497, Cr.P.C.

3. At this stage, the Court has been further informed that the alleged abductee has also been arrested in the instant case as a co-accused.

4. Pursuant to what has been stated above, the petitioner is hereby allowed bail in the sum of Rs. 25,000 with two sureties in the like B amount to the satisfaction of the A.C./Duty Magistrate, Depalpur, District Okara.

N.H.Q./M-1788/L Bail granted.