Petitioner Abdul Khaliq through the instant petition has sought for post arrest bail in case FIR No, 629/03 dated 10.12.2003 rider Sections 10 and 11 of the Offence of Zina (Enforcement of Hudood)
'Ordinance VII of 1979 read with Section 420, 468, 471 PPC registered with Police Station Ugoki District Sialkot.
2. Briefly the prosecution case as per FIR is that on 10.12.2003 at about 1.00 p.m. Abdul Khaliq (petitioner) had abducted Mg. Aisha Siddiqa, 16 years old, the daughter of the complainant for Zina.
3. The alleged abductee after her recovery had levelled allegation against him of her abduction and Zina-bil-Jabr with her.
4. It has been contended on behalf of the petitioner that he has falsely been roped in; that in fact the alleged abductee is sui juris, who of her own accord had entered into valid marriage with him on 16.10.2003; that he neither had abducted her nor committed Zina-bil-Jabr with her; that she had filed suit for recovery of the dower of Rs, 10,000/- against him and in the same a compromise deed was prepared and she had signed the same; that he had brought a suit for restitution of conjugal rights against her and she had brought suit for jactitation of marriage against him and both these suits are pending adjudication before a competent Court; that in these circumstances, the case against him requires further inquiry into his guilt; that he is behind the bars for the last about eight months; that his trial as yet has not commenced; and that he is previous non-convict.
5. On the other hand, the learned state counsel assisted by the learned counsel for the complainant has opposed the petition on the ground that he had abducted the alleged abductee and thereafter putting pressure on her had obtained her signatures and thumb-impressions on some papers and then prepared a forged Nikah Nama while she had not entered into any Nikah with him with her free will; that he had manoeuvred suit for recovery of dower from her against him and it was all in order to save his skin; that she after her recovery had levelled allegation against him of her abduction and Zina-bil-Jabr with her; that she had brought a suit for jactitation of marriage against him and in the same she has denied her Nikah with him with her free will; that some of the witnesses of Nikah have disowned the performance of Nikah between him and her; and that all these circumstances prima facie connect him with the crime.
6. I have carefully considered the submissions made from both the sides with the help of the available record.
7. There is the copy of the provisional result card of the alleged abductee Mst. Aisha Siddiqa and in the same her date of birth has been recorded as 7.12.1986. She as per the same was about 17 years of age at the time of the alleged incident.
8. The petitioner has pleaded existence of valid marriage between him and her. According to him, it was with her free will and consent.
9. There is also copy of the plaint in the suit for recovery of dower from her against him. In para 1 of the same, 'she has admitted the performance of her Nikah with him on 16.10.2003 against dower of Rs, 10,000/-.
10. Anyway, there is also with the petition, the copy of plaint in the suit for restitution of conjugal rights brought by him against her. There is also the copy of the plaint in the suit for jactitation of marriage brought by her against him. She in the same has denied to have entered into any Nikah with him with her free will and consent. She in the same has alleged that he had obtained her signatures and thumb-impressions on plane papers after putting pressure on her. She had also levelled allegation in the same against him of her abduction and Zina-bil-Jabr with her.
11. The two suits statedly are pending adjudication before the competent Family Court. The real question, which will determine the fate of these suits, is that if she of her own accord had entered into Nikah with him or that she was abducted by him (petitioner) as alleged in the FIR and subjected to Zina-bil-Jabr as stated by her. The decision of the suits filed by them against each other is likely to take some time.
12. Anyway, the question of validity or otherwise of Nikah between him and the alleged abductee is to be determined by the Family Court. The case against the petitioner, therefore, is open to further inquiry into his guilt. The same, thus is covered under sub-section (2) of Section 497 Cr.P.C.
13.He is stated to be behind the bars for the last about eight months and a previous non-convict, which has not been controverted by the other side. His trial, as per the submission from his side has not commenced as yet.
14.In these circumstances, I find him entitled to bail. The petition therefore is accepted and he is admitted to bail subject to his furnishing bail bonds in the sum of Rs, 1,00,000/- with one surety in the like amount to the satisfaction of the learned trial Court.
15.The learned trial Court shall decide the case against him as expeditiously as possible.