ORDERRiaz Ahmad, J.- The petitioner is accused of the commission of offence tinder section 10/16, of the Offence of Zina (Enforcement of Hadood) Ordinance, VII of 1979.
2. The allegation in the FIR lodged by the complainat Nawab Din, father of Mst. Shahnaz, (deceased,) is that Mst. Shahnaz (deceased) was married to Maqbool Ahmad, 8/9 years before the occurrence and no issue was born out of the wedlock. The petitioner Maqbool Ahmad had allegedly turned her out and had also received all the ornaments. It was alleged that on 13th August, 1988, the petitioner divorced Mst. Shahnaz and the complainant Nawab Din, the father of Mst. Shahnaz, was waiting for the expiry of Iddat period for the remarriage of Mst. Shahnaz, when, in the meanwhile on 20th August, 1988, a week of the pronouncement of talaq. The petitioner came to the village and through Mst. Khurshid, met Mst. Shahnaz and took her along with him to Sharqpur. In Sharqpur, it is alleged that the petitioner was seen lying on the cot with Mst. Shahnaz, which act, according to the complainant, amounted to Zina.
3. The petitioner claimed that he had obtained a fatwa and he can revoke the talaq. The complainant also obtained a Fatwa and alleged that talaq had become final and thereafter, the petitioner could not have any sexual intercourse with Mst. Shahnaz, and if he did so, then it amounted to Zina. On the basis of this allegation, a case was registered against the petitioner. In the meanwhile, Mst. Shahnaz was murdered by her parents.
4. Considering the case from all angles, in my view, the question of talaq becoming absolute or otherwise, is a matter of further enquiry and I need not comment upon the merits at this stage, lest it may prejudice either side. Therefore, I direct that the petitioner shall be released on bail provided he furnishes security in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of A.C/Duty Magistrate, Sheikhupura.