Mst. Bilqees Fatima And Another vs The State
This matter arises from a petition for post-arrest bail filed by Mst. Bilqees Fatima and Aziz Hussain in connection with FIR No. 13 dated 2.2.2003 registered under Sections 10 and 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Wan Bhachran, District Mianwali. The core legal question concerns the entitlement of the accused to post-arrest bail where the complainant has admitted to the marriage of the accused parties and stated that the FIR was registered due to a misunderstanding. The Lahore High Court accepted the petition and admitted the petitioners to post-arrest bail, considering the statement of the complainant acknowledging the marriage and the circumstances of the case. The court laid down the principle that where a complainant reconciles and accepts the validity of a marriage contracted between the accused, and states the case was due to a misunderstanding, sufficient grounds exist to grant bail to the accused.
- Whether post-arrest bail can be granted under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 when the complainant admits to the marriage of the accused?
- Does a statement by the complainant acknowledging the marriage and stating the case arose from a misunderstanding constitute sufficient ground for bail?
- Section 10, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 11, Offence of Zina (Enforcement of Hudood) Ordinance 1979
ORDER
BASHIR As MUJAHID, J.-- Petitioners Mst. Bilaqees Fatima and Aziz Hussain seek after arrest bail in case FIR No. 13, dated 2.2.2003 under Sections 10, 11, Offence of Zina (Enforcement of Hudood)
Ordinance, 1979 registered with Police Station Wan Bhachran, District Mianwali at the instance of Muhammad Arif.
Learned counsel for the petitioners and State have been heard exhaustively and record has been perused.
3. The case of the petitioners is that they have contracted marriage inter se vide Nikah Nama dated 24.1.2003, Muhammad Arif, complainant of the case, who is real brother of petitioner No. 1 has also appeared before the learned Additional Sessions Judge, Mianwali, and got his statement recorded to accept the marriage of Mst. Bilqees Bibi alleged abductee his sister with Aziz Hussain petitioner No. 2 and further stated that the case was got registered due to some mis understanding. Today, he having appeared before this Court has reiterated the stand taken before the learned ASJ, Mianwali.
4. In view of the above petition, the petitioners are admitted to bail subject to their furnishing bail bonds in the sum of Rs. 50,000/- each with one surety each in the like amount to the satisfaction of Trial Court.
5. Learned Law Officer, is asked to direct the SHO concerned to submit report before the learned Magistrate for cancellation of the case within a week>in the light of statement of complainant and the stand of the petitioners and validity of their marriage.