1. ' [12-10-1984].--A case is registered against the petitioner under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 on 22-10-1983, Police Station Pahrhianwali District Gujrat in respect of an occurrence which is stated to have taken place on 10-10-1983. The allegation against him is that he alongwith others abducted Mst. Hafeez Begum with the intention to commit Zina with her. It is submitted by learned counsel that Mst. Hafeez Begum entered into Nikah with the petitioner on 12-10-1983 and also made a statement before a Magistrate on the same date to the effect that she had not been abducted by anyone but married the petitioner of her own accord.
2. The medical certificate placed on the record also indicates that she is aged 16/17 years. In this case Mr. Justice Abaid Ullah Khan vide his order, dated 23-1-1984 in Criminal Miscellaneous No, 129/B of 1984 has already admitted to bail Mst. Sakina Bibi, sister of Mst. Hafeez Begum, who is married to Iftikhar Mehdi, the elder brother of the present petitioner Iftikhar Mehdi and the present petitioner are Phuphizads of the complainants Yar Muhammad who happens to be brother of the abductee Mst. Hafeez Begum. Mst. Sakina Bibi co-accused was admitted to bail for the reason that the sister could not have planned the abduction alongwith the petitioner of Mst. Hafeez Begum. It is submitted that all the co-accused of the petitioner have been bailed out and that if there is statement on the record of Mst. Hafeez Begum to the effect that she had not been abducted by anyone but had lawfully married the petitioner at her own accord vide Nikahnama, dated 12-10- 1983, then the petitioner is entitled to the grant of bail.
2. Admit Notice. The petitioner is allowed interim bail subject to his furnishing security in the sum of Rs,10,000 (Rs, ten thousand) with two sureties each in the like amount, to the satisfaction of A.C., Gujrat. To come up on 3-11-1984 on which date the Investigation Officer should be summoned alongwtih the police record.
3. ' Muhammad Akbar Cheema for Petitioner. Noor Muhammad Paras for the State. Date of hearing: 3rd November, 1984.
4. ' [3-11-1984].-- In continuation of my order, dated 2-10-1984 I have heard learned counsel for the State. The police officer is present alongwith the record. It is not controverted that Mst. Hafeez Begum entered into Nikah with the petitioner on 12-10-1983 and also made a statement before a Magistrate on the same date to the effect that she had not been abducted by anyone but had married the petitioner of her own accord. In that view of the matter the interim bail already allowed in favour of the petitioner is hereby confirmed. The petition is disposed of.