' The petitioners have applied for bail in a case registered against them with Police Station Kot Moman, under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, with the allegation that on 11-7-1987 petitioner No, 1 Muhkhtar Ahmad had abducted Mst. Khadeeja, petitioner No,2. The case was got registered by the father of petitioner No,2.
2. It is contended by learned counsel for the petitioners that earlier the petitioner No,2 was married to one Khizar Hayat, and later on she filed a suit for the dissolution of marriage which was accordingly decreed on 13-2-1988, and thereafter, the petitioners married each other on 21-5-1988.
Submits that in these circumstances no offence whatsoever has been committed by them. The factual position has been conceded by the learned counsel for the State.
3. I have heard the learned counsel and perused the record. The petitioners claim to be husband and wife. They have also annexed a copy of the Nikahnama in support of their contentions. A copy of the judgment of the Family Court, Karachi dissolving the marriage of petitioner No,2 with one Khizar Hayat has also been annexed. From the record, it is clear that the petitioners married each other after petitioner No,2 obtained divorce from her previous husband. In these circumstances, I hold that it is a case of further inquiry. Therefore, I allow bail to the petitioners provided they furnish security in the sum of Rs,10,000 each with two sureties each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate concerned.