' Muhammad Zahid petitioner seeks bail after arrest in case F.I.R.No.506 registered on 28-12-2002 in Police Station Lorry Adda, Lahore under sections 10/11 of Offence of Zina (Enforcement of Hadood)
Ordinance, 1979.
2. The F.I.R. Was lodged by one Shafqat Ali regarding the abduction of his wife Mst. Nabila Bibi by the petitioner and his co-accused with the intention of committing Zina.
3. Arguments have been heard and record perused.
4. At the time of arguments on this bail application, the learned counsel for the petitioner has argued that the petitioner has filed a suit for dissolution of marriage against her husband Shafqat All prior to the registration of this case and recently i.e. On 24-4-2003 she has filed another suit for dissolution of marriage against him. At the time of arguments Mst. Nabila Bibi (who is a co- accused of the present petitioner) appeared before the Court in person and supported the contents of an affidavit to the effect that her husband Shafqat Ali had got registered a false case against Zahid Ali etc. And that Zahid aforesaid had not abducted her nor had committed Zina with her.
5. No direct evidence regarding the commission of offence of Zina is available with the prosecution against the petitioner. So far as the allegation concerning abduction of Mst. Nabila Bibi, is concerned she has herself taken the plea that she had not been abducted by Muhammad Zahid. It has been stated by the learned counsel for the petitioner at the bar that even prior to the registration of the case. Mst. Nabila Bibi had filed a suit for dissolution of marriage against her husband and it was due to the said reason that he has got registered this false case against Muhammad Zahid, who had only tried to assist Mst. Nabila Bibi to escape from the clutches of her husband who was subjecting her to cruelty.
6. As no direct evidence is available with the prosecution regarding the offence of Zina and as Mst.
Nabila Bibi has herself taken the plea that she had not been abducted by Muhammad Zahid petitioner, therefore, it becomes a case of further inquiry and hence the petitioner is entitled to the concession of bail. Accordingly the bail application is accepted and the petitioner is admitted to bail in the sum of Rs.50,000, with two sureties in the like amount, to the satisfaction of the learned trial Court.