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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: ISLAM SHAH VS Respondent: THE STATE
1988 P Cr
1988 P Cr. L J 683
[Lahore]
Before Muhammad Munir Khan, J
ISLAM SHAH‑‑Petitioner
versus
THE STATE‑‑Respondent
Criminal Miscellaneous No. 4282‑B of 1987, decided on 22nd December, 1987.
Criminal Procedure Code (V of 1898)‑‑
‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10/11‑‑Bail, grant of‑‑Victim girl stated to have married accused and Nikahanama existing on record‑‑Affidavits filed to the effect that girl was 20 years old and had married accused with her own consent‑‑Accused in jail for six months‑‑Bail granted.
Miss Surraya Butt for Petitioner.
S. Anwar‑ul‑Hussain Gilani for the State.
ORDER
This is an application for grant of bail to Islam Shah petitioner in case under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at P.S. Cantt. Gujranwala vide FA.R. No. 131 dated 9‑7‑19.87.
2. The prosecution case is that the petitioner abducted Mst. Sughran Bibi and thereafter committed Zina‑bil‑Jabrwith her.
3. Learned counsel for the petitioner submitted that Mst. Sughran Bibi after having embraced Islam married the petitioner and as such no offence has been committed. Learned counsel for the State has opposed this application.
4. I have considered the submissions made by the learned counsel for the parties with care. I find that Nikah of Mst. Sughran Bibi (Khudeja Bibi) was performed with the petitioner on 7‑7‑‑1987; that Nikahnama is on the record; that Lt.‑Col. Mazhar Rafiq, Commanding Officer, S. Nisar Hussain Naqvi, Advocate have sworn affidavits to the effect that Mst. Sughran Bibi (Khudeja Bibi) had married with the petitioner with her consent; that Mst. Sughran Bibi (Khudeja Bibi) herself sworn affidavit on 6‑1‑1987 wherein she stated that she' was aged 20 years and wanted to marry Islam Shah petitioner with her consent and that the petitioner is in jail for the last six months.
For what has been said above, without making expression of opinion lest it may prejudice the trial, I feel that a case for grant of bail to the petitioner is made out. He is, therefore, allowed bail in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of Deputy Registrar (Judicial) of this Court. The petition is disposed of.
M.Y.H./I‑51/L Bail granted.