MUHAMMAD ASLAM Versus THE STATE

ORDER

1. The case against applicant, Mohammad Aslam under section 16 of Zina Ordinance, 1979, is pending. The report was lodged by Haq Nawaz on 9-6-1987, at Police Station Civil Lines, Karachi, in which he stated that on 18-5-1987, one person namely Aslam. who is his relative has enticed away his. wife and he came to know that applicant prepared forged Talaqnama and got married with his wife. Police took up the investigation and arrested the applicant on 9-6-1987 but S.H.O. submitted report in the Court under section 169, Cr.P.C. on 14-6-1987, and released the accused. Complainant made applications and subsequently applicant was again arrested and was sent up.

2. I have heard Mr. Sardar Mohammad Ishaq. It is contended by the learned counsel that Haq Nawaz divorced Mst. Hamida and such statement was attested by the First Class Magistrate, therefore, the case requires further enquiry. It is also contended that there is a delay in lodging of the report.

3. Mr. G.M. Kamal appearing for the complainant, submitted that Talaqnama was arranged by the accused. Haq Nawaz never divorced Mst. Hamida. It is argued by the learned counsel that after this incident, Haq Nawaz had been murdered.

4. Mr. Makhdoom A . Wall appearing for the State has no objection for the grant of bail.

5. In the first investigation the statement of Mst. Hamida allegedly abducted was recorded by the Additional City Magistrate No.II (South), Karachi, in which she stated that she was divorced by Haq Nawaz and she went to live with her father. Thereafter, she married with Mohammad Aslam. On the basis of the statements, the accused was released under section 169, Cr.P.C. During the second investigation, Hamida Khatoon has alleged to have implicated the applicant. In the meanwhile complainant, Haq Nawaz has also died. There are two, versions of the prosecution case as stated above.

6. I am of the view that case requires further enquiry. Applicant is admitted to bail on furnishing one surety in the sum of Rs.50,000 (Rupees fifty thousand only) with P.R. Bond in the like amount to the satisfaction of the Trial Court.

7. M.Y.H/M-431/K Bail granted.