' Being nominated as the main accused in case F.I.R. No,63/93, dated 16-5-1993 registered under sections 10 and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 read with section 379, P.P.C. At Police Station Ahmad Yar, District Sahiwal Rehmat Ali alias Rehma has moved this Court under section 497, Cr.P.C. For his release on bail, the same request having earlier twice been rejected by the learned Additional Sessions Judge, Sahiwal vide his orders, dated 19-10-1993 and 5-12-1993.
2. The above-noted case has been registered against the petitioner at the instance of one Faiz Muhammad alleging that his daughter Mst. Zahooran Bibi was married to Muhammad Saleem on 16-6-1991 after her divorce from her previous husband but her relations having gone strained she was putting up with the complainant. It was also alleged that Rehmat Ali petitioner developed illicit liaison with Mst. Zahooran and the complainant forbade him from visiting his house. It was also stated that seven days before registration of the case Mst. Zahooran was not found in her house and the complainant was told that the petitioner alongwith others had carried her towards his Dhari for the purpose of Zina. While reaching home the complainant also found that some golden ornaments were also found missing.
3. It was argued that actually the petitioner had contracted marriage with Mst. Zahooran, the alleged abductee in this case a Nikahnama was also executed, so the petitioner has not committed any offence. It was added that Mst. Zahooran filed a suit for jactitation of marriage against Muhammad Saleem, where Muhammad Saleem appeared in the Court and filed an affidavit that he was never married to Mst. Zahooran as alleged by the complainant. It was added; in the civil suit Mst. Zahooran clearly stated that she is wedded wife of petitioner Rehmat Ali and not that of Muhammad Saleem. Muhammad Saleem endorsed it so it being a case of further inquiry the petitioner is entitled to be released on bail.
4. The bail was opposed by the learned counsel appearing on behalf of the State.
5. After having heard both sides I have also gone through the record of this case very minutely. I find that the claim of the complainant that Mst. Zahooran Bibi was a wedded wife of Muhammad Saleem and not that of the petitioner has been falsified when the suit for jactitation of marriage filed by Mst. Zahooran against Muhammad Saleem has been decreed in her favour and against Muhammad Saleem. The learned counsel for the petitioner produced a copy of the report lodged by Mst. Zahooran herself which was incorporated at Police Station Ahmad Yar on 13-1-1992 on the basis of an affidavit of Mst. Zahooran wherein she admitted Rehmat Ali petitioner as her husband and also admitted that she entered into marriage with him on 2-3-1991. When the learned counsel for the State was confronted with this report the learned State counsel and the Investigating Officer could not repel this document.
6. Without making deep probe into the merits of this case which may not be desirable and also not permissible under the law, lest it may prejudice the case of either party I am of the view that the case against the petitioner does fall under the ambit of subsection (2) of section 497, Cr.P.C. Being a case of further inquiry. I, therefore, direct that the petitioner shall be enlarged on bail provided he furnishes bail bonds in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of A.C., Sahiwal.