1. Exemption is granted.
2 Applicant Nawaz alias Ali Nawaz, who is detained in Crime No.30 of 1992, Thatta, Police Station, under sections 11, 10(3) and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, applied for bail before learned Sessions Judge, Thatta, but without success. He has now approached this Court with the same prayer.
3. I have heard Mr. Sardar Muhammad Ishaque, learned counsel for applicant and Mr. Abdul Hakeem Bijarani, learned A.A.-G. For State. The latter has opposed the bail application.
Admittedly Mst. Peerani alias Mst. Naseema, the alleged prosecutrix, had sworn an affidavit before Civil Judge and F.C.M., Tando Muhammad Khan on 10-2-1992 before contracting the marriage with the applicant. There is abnormal delay in lodging F.I.R. Which was registered on 8-3-1992 one day after the filing of Criminal Miscellaneous No.132 of 1992, under section 491, Cr.P.C. Before this Court by Ali Akbar, the brother of present applicant, alleging therein that the C.I.A. Police Thatta had wrongfully detained the applicant, his wife Mst. Naseema and mother Mst. Khadija. Thus, there are reasonable grounds to believe that the applicant is not involved in a case falling within the prohibitory clause of section 497, Cr.P.C.
Mr. Sardar Muhammad Ishaque, learned counsel for applicant has placed 'reliance upon the cases of Abbas Ali v. The State reported in 1976 SCMR 157, Muhammad Rafiq v. The State reported in 1982 P Cr. L J 196, Ashfaq Ahmad and another v. The State reported in PLD 1985 FSC 126, Salamat Ali and another v. The State reported in 1986 P Cr: L J 221, Mushtaq Ahmad and others v. The State reported in 1986 P Cr. L J 1011 and Races Baig v. The State reported in 1989 A L D 117(1), in an attempt to show that in the given circumstances the applicant who has claimed to be the husband of Mst. Peerani alias Mst. Naseema, the alleged prosecutrix, was entitled to the grant of bail.
Having regard to the circumstances attending to this case, and the rule laid down by the superior Courts in this behalf, I am of the view that the applicant is, entitled to the grant of bail, Accordingly, bail is allowed to him in the sum of Rs.50,000 (Rs. Fifty thousand) with P.R. Bond in the like amount to the satisfaction of the trial Court.
N.H.Q./N-418/K