' This order will dispose of Criminal Miscellaneous No,4290/B of 1991 moved by Muhammad Aslam Khan petitioner and Criminal Miscellaneous No,109/B of 1992 moved by Iftikhar Ahmad Khan petitioner in case F.I.R. No,271/91 under section 10 of the Offence of Zina (EOH) Ordinance, 1979 and sections 419, 420, 468, 471/109, P.P.C. Police Station B-Division, Gujrat.
2. The prosecution case is that Zulfiqar All Khan, co-accused of the petitioner asked for the hand of Mst. Saira Parveen (18) for his son Sohail Shahzad, who according to him was living in U.SA. And instead showed Muhammad Aslam Khan petitioner to the parents of the girl who posed himself as Sohail Shahzad son of Zulfiqar All Khan. The parents of Mst. Saira Parveen accepted the proposal of Zulfiqar All Khan and agreed to marry Saira Parveen to Sohail Shahzad. The date of Nikah was fixed as 4-9-1991. Sometime before the date of Nikah, Zulfiqar All Khan co-accused told the parents of Mst. Saira Parveen that his son Sohail Shahzad had informed him that he could not manage to visit Pakistan and asked the parents of Mst. Saira to perform her Nikah on the appointed date and undertook to arrange her transporation to U.SA. Relying upon Zulfiqar All Khan they agreed to perform the Nikah of Mst. Saira Parveen with Sohail Shahzad on phone.
' Zulfiqar Ali Khan accompanied by his brother Iftikhar Ahmad petitioner and his other family members took the Barat to the house of Mst. Saira Parveen on 4-9-1991. Qari Abdul Rauf solemanized the. Nikah between Mst. Saira Parveen and Sohail Shahzad. The consent of the latter was allegedly obtained on phone. Zulfiqar Ali Khan accused confirmed the voice of Sohail Shahzad and arranged his direct conversation with Nikah Khawan. After the performance of Nikah the Rukhsati of Mst. Saira Parveen took place with the parents of Sohail Shahzad on the understanding that she would be sent to U.SA. After a few days to join her husband. Mst. Saira Parveen lived in the house of Zulfiqar ALi Khan for some time whereafter he took her to Islamabad and Lahore on the pretext of arranging visa for her and committed Zina with her. When her mother came to see her she narrated the entire story to her who brought her back from the house of Zulfiqar Ali.
' Consequently, Mehr Ghulam Samar, father of Mst. Saira Parveen reported the matter to the police on 9-10-1991. The police arrested Zulfiqar Ali Khan, Muhammad Aslam and Iftikhar Ahmad During investigation it was found that Zulfiqar Ali had no son by the name of Sohail Shahzad and that he practised fraud on the parents of Mst. Saira Parveen.
' The allegation against Iftikhar Ahmad, petitioner is that he being brother of Zulfiqar All Khan accused was in league with him and knew the whole story and had accompanied him to the house of Mst. Saira Parveen on the day of her Nikah and attested the Nikah Nama between her and Sohail Shahzad. So far as Muhammad Aslam Khan petitioner is concerned, it is stated that he has personated himself as Sohail Shahzad and had accompanied Zulfiqar All Khan accused to the house of Mst. Saira Parveen before her Nikah.
4. Bail for Muhammad Aslam Khan and Iftikhar Ahmad Khan is sought on the ground that there is no allegation against them of having committed rape with Mst. Saira Parveen and that they themselves were duped by Zulfiqar Ali Khan.
' Learned counsel for Muhammad Aslam Khan states that Zulfiqar Ali Khan accused had taken him to the house of Mst. Saira Parveen on the pretext of arranging visa for him and that he was not aware of the evil designs of Zulfiqar Ali Khan.
5. Zulfiqar Ali Khan accused who is present in custody states that his Nikah with Saira Parveen was genuinely performed on 5-5-1991 and on 4-9-1991 he had taken the Barat to the house of Mst. Saira Parveen for her Rukhsati. According to him, Iftikhar Ahmad Khan petitioner was one of the attesting witnesses of the said Nikah.
' I have considered the contentions of the petitioners. If the Nikah between Zulfiqar All Khan and Mst.
Saira Parveen had already been performed on 5-5-1991 as alleged by Zulfiqar All Khan then there was absolutely no reason for another Nikah taking place on 4-9-1991 and execution of another Nikah Nama. Why did Iftikhar Ahmad attest both the Nakahnamas? He could have refused it on the ground that Nikah Nama had already been executed between the parties. His connivance in the fraud played on the family of Mst. Saira Parveen cannot be thus ruled out. Muhammad Aslam Khan petitioner also appears to be in league with Zulfiqar Ali Khan in the commission of offence. The version put forth by him that he had accompanied Zulfiqar All Khan to the house of Mst. Saira Parveen for visa purpose is not appealing. He would have easily judged the situation by the reception which would have been accorded to him by the parents of Mst. Saira Parveen which would have been definitely different from the one expected by an applicant of visa. By visiting the house of Mst. Saira Parveen he facilitated the commission of crime by Zulfiqar All Khan, his co- accused.
' The case is yet at investigation stage. Keeping this fact in view and the B circumstances narrated above, I do not consider it a fit case for bail and accordingly dismiss both the petitions.