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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: SULTAN AHMAD and another VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Muhammad Munir Khan Title: SULTAN AHMAD and another vs THE STATE Case No.: Criminal Miscellaneous No, 212/B of 1989/BWP Date of Judgment:1989-03-14 Reported As: 1989 P Cr. L J 1851 Result: Bail granted
Judgment ORDER ' This is an application for grant of bail to Sultan Ahmad and Mst. Sardaran Bibi petitioners in a case under section 16/10(2) of the Offence of Zina (Enforcement Hudood) Ordinance, 1979, registered at P.S. Donga Bonga, vide F.I.R. No, 13/89. 2. The prosecution case is that Sultan Ahmad abducted Mst. Sardaran Bibi in order to subject her to illicit intercourse and thereafter both had been committing Zina with consent. 3. Learned counsel for the petitioners submits that the petitioners are legally-wedded husband and wife. Learned counsel for the State has opposed this application. 4. I have considdred the matter. I find that Nikahnama showing Nikah of Mst. ;Sardaran Bibi was performed with Sultan petitioner on 15-10-1978, has been placed on record; that Mst. Sardaran Bibi being a woman, her case falls within the proviso to section 497, Cr.P.C. And that Mst. Sardaran Bibi having been made an accused, there is no direct evidence of the commission of Zina by them. ' For what has been said above, without making expression of opinion lest it may prejudice the merits of the case, I feel that a case for grant of bail to the petitioners has been made out. They are, therefore, allowed bail in the sum of Rs,10,000 with one surety each in the like amount to the satisfaction of A.C./Duty Magistrate, Bahawahiagar.
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