After having been refused post-arrest bail in a case registered against the petitioner under section 10/16 of the Offence of Zina (Enforcement of Hudood) Ordinance NoNII of 1979, he has moved this Court for relief.
2. The allegation against the petitioner is that he alongwith others had enticed away Mst. Zohran, daughter of the complainant. During investigation Mst. Zohran was also dubbed as accused.
3. The defence plea of the petitioner is that he had lawfully married Mst: Zohran on the 13th of August, 1992, long before the registration of the case and her parents have manipulated a forged Nikah Nama on the 29th of August, 1992 showing her marriage with some other person. Mst. Zohran, therefore, had to file a suit for jactitation of marriage which is pending in the Sargodha Court. The possibility is not precluded that she might prove her marriage with the petitioner as valid and lawful, she being sui juris at the relevant time. The case obviously is made out for further enquiry into the guilt of the petitioner. Another factor which influences me to grant bail to the petitioner is that he is behind the bars for the last 19 months and the investigation is not yet complete. I, therefore, accept the petition and admit the petitioner to bail subject to his furnishing' bond in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of the Assistant Commissioner concerned/Duty Magistrate. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.