Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MUNEER AHMAD VS Respondent: THE STATE
1988 P Cr
1988 P Cr. L J 1948
[Lahore]
Before Muhammad Munir Khan, J
MUNEER AHMAD‑‑Petitioner
versus
THE STATE‑‑Respondent
Criminal Miscellaneous No. 1148/B of 1988, decided on 13th April, 1988.
Criminal Procedure Code (V of 1898)--‑
‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VI of 1979), S.10/11‑‑Bail, grant of‑‑Principal accused already released on bail‑‑No allegation of commission of Zina made against accused and only allegation against them was that they signed Nikahnama of principal accused who contracted marriage with a woman during existence of her first marriage‑‑Bail granted to accused in circumstances.
G.M. Bodla for Petitioner.
ORDER
This is an application for grant of bail to Muneer Ahmad and Noor Ahmad petitioners in a case under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at P.S. Naushera Jadeed, vide F.I.R. No. 241/87, dated 20‑10‑1987.
2. The prosecution case is that Mst. Sughran Bibi was married to Ameer Umar and subsequently in tile existence of her first marriage, Bilal contracted second marriage with her on 18‑8‑1987 through Nikahnama signed by the petitioner.
3. Learned counsel for the petitioners submits that Bilal, the principal accused of this case has already been released on bail and the allegations against the petitioners are that they signed Nikahnama of Mst. Sughran Bibi and Bilal. The learned counsel for State assisted by the learned counsel for the complainant has opposed this application on the ground that in the existence of a valid marriage, the Nikah of Mst. Sughran with Bilal was void and as such they have been committing Zina with each other with the abetment of the petitioner.
4. I have considered the submissions made by the learned counsel for the parties with care. I find that Bilal, principal accused has been released on bail; that there are no allegations of commission of Zina against the petitioners and that the only allegations are that they signed Nikahnama of Bilal and Mst. Sughran.
For what has been said above, the petitioners are allowed bail in the sum of Rs.10,000 (Rupees ten thousands) with one surety each in the like amount to the satisfaction of A.C. /Duty Magistrate, Ahmadpur East.
M.Y.H./M‑787/L Bail granted.