KHUSHAL KHAN Versus STATE

ORDER

The petitioner, who is involved in a case under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979, arising out of the F.I.R. No.571/94, dated 30-7-1994, registered at Police Station, Jaranwala, District Faisalabad, seeks to be admitted to bail.

2. Briefly the allegation against the petitioner is that he enticed away Mst. Naushaba daughter of the complainant and thereafter contracted marriage with her, who is also co-accused in this case.

3. Learned counsel for the petitioner contended that the petitioner performed marriage with Mst. Naushaba and the petitioner has got no connection whatsoever with the complainant, hence the case against the petitioner is one of further inquiry, as it would be determined after recording of some evidence whether petitioner committed Zina or not.

4. None has appeared on behalf of the State, but the Police Officer has shown me the Nikahnama, dated 20-7-1984 of the abductee with the petitioner and according to the F.I.R., the petitioner abducted his step-daughter and contracted marriage with her.

5. I have heard the learned counsel for the petitioner and perused the record. Admittedly the conduct of the petitioner is highly immoral and the petitioner is involved in a case which falls within the prohibitory clause. I do A not want to exercise my discretion in favour of the petitioner, hence the petition is dismissed.

N.H.Q./K-158/L Bail refused.