1. ' SYED SHABBAR RAZA RIZVI, J.---The petitioner has filed this bail application in F.I.R. No,195 of 2004, dated 15-9-2004, under section 10/11 of Offence of Zina (Enforcement of Hudood) Ordinance VII, 1979 at Police Station, Khushab.
2. ' Briefly, according to the F.I.R., the complainant married to widow of his brother who had children from her previous marriage with brother of the complainant. Mst. Khalida Naveed, daughter of complainant's wife from the previous wedlock developed illicit relations with petitioner, eventually petitioner managed to elope or take away Mst. Khalida.
3. ' The learned counsel for the petitioner submits that petitioner formally entered into Nikah with Mst.
4. Khalida, therefore, he did not commit any offence. He also submits that Nikah Nama was formally registered with the concerned Union Council, in this regard he refers to a certificate issued by Secretary Union Council. A certified copy of the Nikah Nama has also been produced by the petitioner.
5. ' On the other hand, the learned counsel for the State submits that the Secretary Union Council has stated that Nikah Nama was not registered with him, similarly, Nikah Khawan also denied that he performed Nikah between petitioner and Mst. Khalida.
6. ' I have heard both the learned counsel and considered their respective contentions. #The certificates issued by Zafar Ullah, Secretary Union Council have been produced by both the parties. The suits for jactitation of marriage and for restitution of conjugal rights have been filed by the petitioner and Mst. Khalida against each other. All this, makes present case a case of further inquiry. The petitioner is also behind the bars since 17-3-2005. He is not required for investigation purpose. Whether version of petitioner is correct or of the complainant, that would be decided by the trial Court. In view of the above and foregoing reasons, this bail application is allowed subject to furnishing surety bonds by the petitioner in the amount of Rs.50,000 with one surety in the like amount to the satisfaction of the trial Court or Illaqa Magistrate.