MUHAMMAD IRFAN Versus THE STATE

ORDER

The petitioner is accused of offence under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, vide F.I.R. No.123/95, dated 20-5-1995, registered at Police Station City Narowal.

2. The learned counsel for the petitioner and the State were heard at length. Admittedly, the alleged abductee has been making contradictory statements in the instant case, as stated by learned counsel for the State, i.e. at time supporting the case of the prosecution against the petitioner and at other times claiming to be his lawfully wedded wife. It was further brought to the notice of the Court that the alleged abductee had supported the case of the petitioner for restitution of conjugal rights pending before Naseem Akhtar Khan, Judge Family Court, Narowal. However, it was further submitted on behalf of the State that the challan against the petitioner has been submitted to the learned trial Court, whereas on behalf of the petitioner it was stated that he has filed an application under the provisions of section 265-K, Cr.P.C. before the learners trial Court. It was further confirmed on behalf of the State that the petitioner is neither a previous convict nor a hardened criminal and he is no longer required by the police.

3. Therefore, under the facts and circumstances highlighted above, the interim bail before arrest allowed to the petitioner vide order, dated 2-8-1995 by my learned sister Miss Tallat Yaqub, J. is hereby confirmed.

N.H.Q./M-247/L Interim bail before arrest allowed.