SAJJAD AHMAD SIPRA, J. --The petitioner is accused of offences under Sections 10 and 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, read with Section 380 PPC, vide FIR No. 240/93 dated 7.9.1993, registered at Police Station Kot Lakhpat, Lahore.
2. The learned counsel for the petitioner and the State were heard at length in respect of the contentions raised herein. Admittedly, it has been stated by the alleged abductee in her statement recorded under the provisions of Section 164 Cr.P.C, that she was taken away from the house of her father, complainant, at night and not during the day at 3.00 p.m. As staled in the FIR in question, and it was further confirmed on behalf of the State that the alleged abductee's narration therein is to the effect that she had travelled on public transport with the accused/petitioner, while being taken to his village, and that forcibly her Nikah was solemnized with the petitioner at the said place and it was only thereafter, it is alleged, that zina had taken place. Therefore, whether the Nikah in question is valid or not is yet to be determined by the competent forum in accordance with law, which renders the instant case one of further inquiry under the provisions of Sub Section (2) of Section 497 Cr.P.C. It was further confirmed on behalf of the State that the petitioner is neither a previous convict nor a hardened criminal, and that he has been in the judicial custody for over five months and is no longer required by the police.
3. Therefore, the petitioner is hereby allowed bail in the sum of Rs. 30,000/- with two sureties in the like amount to the satisfaction of the A.C./Duty Magistrate, Model Town, Lahore.