' The petitioners are accused in a case registered vide F.I.R. No,1/93 dated 4-1-1993 under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, at Police Station Satrah, District Sialkot.
2. The petitioners' contention is that they are legally wedded to each other vide Nikah Nama dated 26-12-1992, therefore, no case is made out against them under the F.I.R. In question as the Nikah in question had taken place before the registration of case on 26-12-1992.
3. The Police Officer, present in the Court, submitted that the petitioners have associated themselves with the investigation of the case and that they have provided a copy of the Nikah Nama but that as per investigation no Nikah Registrar of the name and address stated on the said Nikah Nama is available at the said address. In this respect he referred to a certificate by the Local Councillor of the said area.
4. The learned counsel for the State and the complainant, appearing with the permission of the Court, opposed the present petition for bail before arrest and submitted that as the Nikah Nama in question was of doubtful nature and as no allegations of mala tides have been levelled against the police, therefore, no case for pre-arrest bail is made out. It was confirmed on behalf of the State that petitioners have joined the investigation of the case in question.
5. However, as the petitioners have produced Nikah Nama in support of their marriage, dated 26- 12-1992, i,e. Prior to the registration of the case in question, and as it is specifically stated in the present petition that they were being harassed by the police and in this respect it has been stated in the present petition that although petitioner No,1 was not named as an accused in the F.I.R., yet the police is out to arrest her, therefore, the interim bail before arrest allowed to the petitioners vide order, dated 13-3-1993, is hereby confirmed.
Bail before arrest confirmed.