' Petitioner Muhammad Matteen through the instant petition has sought for post-arrest bail in Case F.I.R. No,54 dated 23-3-2003 under section 10/16 of the Offence of Zina (Enforcement of Hudood)
Ordinance No,VII of 1979 and section 380, P.P.C. Registered with Police Station City Rajanpur.
2. The facts of the case were mentioned by me in the order, dated 4-6-2003 in the bail petition (Cr1.
Misc. No,1087/B of 2003), and titled Rehana Bibi alias Shama v. The State. The same, therefore, are not repeated here.
3. Bail has been sought on the ground that his co-accused Rehana alias Shama is his legally- wedded wife and the Nikahnama shown by the complainant showing her Nikah with one Muhammad Arshad is fabricated one; that this Court in the said criminal petition has observed that it is a case of two Nikahnamas and the question that which of these is correct seriously, needs consideration and the benefit of this observation is equally available to him and so the case against him certainly requires further inquiry into his guilt; and that he is behind the bars since 27- 3-2003 and a previous non-convict.
4. Conversely, the learned counsel for the State has opposed the petition.
5. I have carefully considered the submissions made by both the sides with the help of the available record.
6. In the case of co-accused Rehana alias Shama, this Court has observed that it is a case of two Nikahnamas and the question that which of these is correct seriously needs consideration. The benefit of such observation is equally available to him and from the angle his case is covered under subsection (2) of section 497, Cr.P.C. Calling for further inquiry into his guilt.
7. He is stated to be behind the bars since 27-3-2003 and a previous non-convict.
8. In these circumstances, I find him entitled to bail. The petition, therefore, is accepted and he is admitted to bail provided he furnishes bail bonds in the sum of Rs,50,000 (Rupees fifty thousand) with one surety in the like amount to the satisfaction of the learned trial Court.