' The case against the respondents 1 and 2 has been challaned in the Court for offence under section 10 of Ordinance No, VII of 1979, the offence of Zina (Enforcement of Hudood) Ordinance.
They were allowed bail by the learned VIIth Additional Sessions Judge, Karachi by his order dated 27-12-1979. Subsequently another application was filed for cancellation of bail, allowed to the respondents, which came up for hearing before the learned Vth Additional Sessions Judge Karachi, which vim rejected by the order dated 13-1-1980. The application for cancellation of bail has been repeated here under section 497(5) of Cr. P, C.
' Mst. Luxmi is aged about 18/19 years. She was first a Hindu and was married to one Shyam, also a Hindu. Due to certain differences with her husband, she came to stay with her father Daya and her mother, in Sultanabad. She developed a relationship with respondent No, 1 Mohammad Saleem. It appears that Muhammad Saleem left Karachi for Multan followed by Mst. LuxMi, where she embraced Islam and was later on married to the respondent No,
1. She is said to be having a document in respect of her conversion to Islam and marriage by Nikah to respondent No,
1. At the time of her arrest, Mst. Luxmi had made a statement before the Magistrate, supporting the same facts of her conversion to Islam and marriage, of her own free will, with the respondent No, 1.
It is admitted position that Mst. Luxmi had left for Multan of her own free will. She also got converted to Islam and was married to respondent No, 1 with her own choice. The material point in this case is of conversion of Mst. Luxmi, who as a Hindu, was already married and on her conversion to Islam, whether her previous marriage, stood dissolved, without any decree or order of the Court of law. If her conversion to Islam automatically dissolved her previous marriage with the Hindu, what would be its effect under the, circumstances of the case. If the previous marriag with a Hindu, stood dissolved, after her conversion to Islam, then her su sequent marriage with the respondent No, 1, would not be an offence under section 10 of Offence of Zina (Enforcement of Hudood) Ordinance, as is alleged.
' Since this is an important question of law depending upon the facts of this case, Mr. Nazir Alam appearing for A.-G. For the State does not support the application for cancellation of bail. The application is accordingly dismissed.