Sher Muhammad petitioner has moved this petition for cancellation of bail allowed by the learned Additional Sessions Judge, Mianwali, to Muhammad Iqbal and Mst. Kaniz Fatima respondents in a case registered against them under Articles 10 and 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
2. The F.I.R. Version is that 8/9 years prior to the registration of the case, Sher Muhammad complainant performed the Nikah of his daughter Mst. Kaniz Fatima, aged 10/11 years, with Muhammad lqbal, resident of Jal Shumali, but the Ruksati did not take place. Muhammad lqbal respondent who is a resident of Jal Janubi developed illicit relations with Mst. Kaniz Fatima and on 26-4-1985 abducted her in a car. The complainant took a Punchayat to his father for restoration of Mst. Kaniz Fatima and he promised to restore her provided report was not lodged with the police.
Ultimately, he refused to restore the girl and the complainant reported the occurrence to the police on 28-9-1985.
3. Learned counsel for the petitioner contends that it was not at bail a fit case for the grant of extraordinary concession of pre-arrest. It is further submitted that the evidence collected by the Investi--gation Officer links both the respondents with an offence under Article 10 of the offence of Zina (Enforcement of Hudood) Ordinance, 1979. The learned, State counsel supports this application.
The learned counsel for the complainant submits that Mst. Kaniz Fatima was divorced by her previous husband Muhammad Iqbal, resident of Jal Shumali, and being sui juris she entered into a marriage contract with her co-respondent, therefore, question of commission of Zina does not arise at all.
4. Perusal of the file reveals that ex-husband of Mst. Kaniz Fatima had made an application before the Chairman, Union Council, that he had divorced his were on 14th July, 1985. It is complainant's own case that Rukhsati of Mst. Kaniz Fatima did not take place and marriage with ex-husband was not consummated. The Nikahnama showing the A Nikah of the respondent is, dated 27-7-1985. It is admitted that Mst. Kaniz Fatima is aged about twenty years. In the circumstances, I do not consider it a fit case for interference with the order granting bail. The petition is dismissed.