KHAWAJA MUHAMMAD SHARIF, J.- This is an application for cancellation of bail before arrest against respondent Khalid Mehmood, who was allowed bail in case FIR No. 118/98 dated 26.5.1998, Police Station, Ghaziabad, Lahore u/S. 10,11 Zina (Enforcement of Hudood) Ordinance, 1979 by learned Additional Sessions Judge, Lahore, on 2.1.1999.
2. Brief facts of the case are that respondent Khalid Mehmood was married with Mst. Sajida Bibi daughter of Muhammad Boota, complainant. There were three daughters out of the wedlock. On 15.5.1998, Khalid Mehmood respondent came to the house of the complainant alongwith one of his brother Muhammad Nawaz, Khalid Mehmood and gave beating to his wife Mst. Sajida Bibi, thereafter showing the Mouzar, forcibly took away Mst. Saadia with them. Respondent Khalid Mehmood applied for bail before arrest, he was allowed interim bail and thereafter his bail before arrest was confirmed.
3. Learned counsel for the petitioner in support of this petition submitted that it was not a case of bail before arrest, that the statement of Mst. Saadia was recorded u/S. 164, Cr.P.C., in which she has levelled allegation of Zina against respondent Khalid Mehmood, that the offence falls within the prohibitory clause of Section 497(1), Cr.P.C. He requests for the cancellation of bail before arrest granted to the respondent Khalid Mehmood.
4. On the other hand, learned counsel for the respondent Khalid Mehmood submits that it is false case, that infact, Muhammad Boota complainant had to pay Rs. 25,000/- to Khalid Mehmood respondent and with ulterior motive he has falsely implicated the petitioner in the instant case. He also submits that version of the complainant is different from the FIR and the application which he had made before the SSP, Lahore.
5. I have heard the learned counsel for the parties. Respondent Khalid Mehmood is son in law of the complainant Muhammad Boota. Statement of Mst. Saadia was recorded u/S. 164, Cr.P.C, in which she had levelled the allegation of Zina against respondent Khalid Mehmood. This fact has been mentioned by the learned Additional Sessions Judge, even in his order but is astonishing to note that despite admitting this fact, what was the consideration under which the learned Additional Sessions Judge, has confirmed the bail before arrest of respondent in the instant case. It is not even a case of bail after arrest. Allegation of Zina has been levelled by Mst. Saadia in his statement recorded u/S. 164, Cr.P.C. Offence alleged against the respondent falls within the prohibitory clause of Section 497(1), C to the respondent Khalid Mahmood is hereby withdrawn, and his petitions is accepted.