' Petitioner seeks bail in a case registered vide F.I.R. No,538, dated 14-11-1993 at Police Station Ferozewala, for offences under section 10/11/13/14 of the Offence of Zina (Enforcement of Hudood)
Ordinance, 1979 and Article 14 of the Offences Against Property (E.O.H.) Ordinance, 1979 read with section 379, P.P.C.
2. The allegations as contained in the F.I.R. Against the petitioner are that complainant's wife Mst.
Zaib-ul-Nisa had conspired to eliminate the complainant and on her insistence, complainant had to divorce her in writing under duress, but the divorce was revoked. Nonetheless, she contracted marriage with the petitioner.
3. Learned counsel for the petitioner has submitted that the complainant had given Talak to his wife Mst. Zaib-ul-Nisa and it was thereafter that the petitioner contracted marriage with her. He further submits that the F.I.R. Has been registered at the instance of ex-husband by way of relation to cause harassm ent to the petitioner and his wife. Learned counsel for the State, opposes the bail on the ground that the trial in the case has already commenced, though the evidence of prosecution witnesses is yet to be recorded.
4. I heard the learned counsel for the petitioner and the State and also the complainant who made his submissions in person. The facts emerging from the record produced by Muhammad Ashraf, Investigating Officer, are that complainant was previously married to Mst. Zaib-ul-Nisa. He gave three Talaks to her on 2-12-1992, 2-1-1993 and 2-2-1993. Thereafter, the petitioner contracted marriage with Mst. Zaib-ul-Nisa on 25-8-1993. But the prosecution case is that petitioner who was previously Qadyani, after the marriage, embraced Islam on 24-1-1993 before a Maulvi Sahib.
Previously, the investigation was conducted by Tufail Ahmed, Inspector, C.IA., Sheikhupura, who vide Zimni No,35, dated 1-2-1994 found that the accused persons were innocent and recommended cancellation of the case. However, in the subsequent investigation, petitioner was found guilty of the offence of Zina.
5. This is an admitted fact that the petitioner contracted marriage with Mst. Zaib-ul-Nisa on 25-8- 1993. It is also an admitted fact that the complainant had divorced Mst. Zaib-ul-Nisa vide three Talaks, dated 2-12-1992, 2-1-1993 and 2-2-1993. The only thing agitated on behalf of the complainant and the learned counsel for the State, against the petitioner is that the marriage was solemnized on 25-8-1993, whereas petitioner embraced Islam on 24-11-1993. It is a matter of further inquiry to be established in the trial, as to when did the petitioner renunciate Qadyaniat and embraced Islam, There is already a child born out of the present wedlock. In the investigation conducted by the Inspector, C.IA., Sheikhupura, petitioner was found to be innocent. Therefore, the petitioner is entitled to bail under subsection (2) of section 497, Cr.P.C. Accordingly, petitioner is allowed bail in the sum of Rs,20,000 (Rs, Twenty thousand only), with one surety, in the like amount, to the satisfaction of the learned trial Court.