1. The applicant is facing trial under section 11/10(2) of Offence of Zina (Enforcement of Hudood)
2. Ordinance, 1979 before the learned VIth Additional Sessions Judge, Karachi (East).
3. The brief facts giving rise to the present application are that on 12-10-1990 one Munshi Munsha Hussain lodged a report at P.S. Ferozeabad, inter alia alleging therein that he is residing with his children. His daughter Nargis Shaheen aged about 17/18 years also resides with him, and she used to visit one Nurse Vironika who is working in Abbasi Shaheed Hospital. She used to visit Nargis Shaheen at the house also. Peter Shahbaz husband of Vironika works as a driver. On 11-10-1990 the above Nurse called his daughter at her clinic at about 8-00 a.m. At about 8-50 a.m. His daughter came back. The above nurse used to induce his daughter for prostitution. On 11-10-1990 his daughter went to take bath at 8-30 a.m. And at 9-00 a.m. She was found missing from the house.
4. He made his best efforts to find her out but could not succeed, and therefore, lodged report against nurse and her husband.
5. After recording the F.I.R. The two accused were arrested and after necessary investigation they were let of under section 169, Cr.P.C. However, Mst. Nargis Shaheen was secured on 28-10-1990 after the accused was arrested on 2,6-10-1990. After necessary investigation the case was sent up before the Court.
6. A bail application was moved before the learned trial Judge but the same was rejected vide order dated 15th December 1990.
7. It has been contended by Mr. Ali Muhammad Memon, learned counsel appearing for the applicant, that Mst. Nargis Shaheen was major even according to the F.I.R., and the F.I.R. Clearly show that she had left the house of her parents with her own free will. That the affidavit sworn by Mst. Nargis Shaheen on 15th October. 1990 before the Special Magistrate and F.C.M. Municipal Corporation, Sukkui, and the Nikahnama clearly shows that Mst. Nargis Shaheen had gone to the accused with her own free will and has married him and therefore, it was a case of further inquiry.
8. Mr. Shaukat H. Zubedi, learned A.A.G. Appearing for the State, has contended that the Mulla who had performed the Nikah and the witnesses of Nikah have also filed affidavits supporting the plea of the applicant. That looking to the circumstances of the case he has no objection if applicant is allowed bail.
9. I have considered the contentions and have gone through the documents. The F.I.R. Shows that victim Mst. Nargis Shaheen is major. There is no allegation that she was taken away from the house of her father forcibly. On the contrary the circumstances clearly indicate that she had left the house of her parents with her own free will. The affidavit sworn by her at Sukkur and the Nikahnama clearly show that she has married with the applicant with her own free will. The fact of Nikah is further supported by the Nikah Khawan and the witnesses who acted as witnesses of Nikah. In view of the above circumstances, I am of the considered 4iew that the case of the applicant requires further inquiry, and there are no reasonable grounds to believe at this stage that applicant has committed a non-bailable offence but his case requires further inquiry.
10. I, therefore, direct that the applicant shall be released on bail on furnishing surety in the sum of Rs.50,000 (Rupees fifty thousand) and P.R. Bond I in the like amount to the satisfaction of the learned trial Judge.