S.M.ZUBAIR, J.- The petitioner who is involved in a case under Sections 10 and 11 of offence of Zina (Enforcement of Hadood) Ordinance VII of 1979, arising out of F.I.R.No.93/93, dated 23.3.1993, registered at Police Station Naikapura district Sialkot, seeks to be admitted to bail.
2. Briefly the allegation against the petitioner as per P.I.R., is that he abducted Mst. Zeenat Bibi with the intention to commit zina with her.
3. The learned counsel for the petitioner contended that the petitioner contracted marriage with Mst. Zeenat Bibi on 25.12.1992, hence he has not committed any offence; that the petitioner is behind the bars for the last more than eight months and uptill now the trial has not concluded; that the petitioner and Mst. Zeenat Bibi are relations inter se and the petitioner has been involved in this case on account of ill-will between the families, hence the case against the petitioner is one of further inquiry and he is entitled to bail.
4. The learned counsel for the Slate assisted by the learned counsel for the complainant and the Police Officer has opposed this bail application on the ground that the petitioner failed to prove his Nikahnama dated 25.12.1992 before the I.O. He has failed to produce Nikah Khawan in this Court as directed by this Court vide order dated 18.1.1994 as well as order dated 8.2.1994.
5. I have heard the learned counsel for the parties and perused the record.
6. The petitioner has failed to prove his marriage in spite of the opportunities given to him. The A.S.I, present in Court informs that the case is about to conclude as whole of the evidence has been recorded by the learned trial Court. Iii these circumstances, there is no justification to enlarge the petitioner on hail, hence this petition is dismissed.