' This order will dispose of two bail petitions i,e, Criminal Miscellaneous No,2078-B of 1999 filed by Ghulam Akbar Shah as well as Criminal Mikellaneous No,2479-B of 1999 filed by Mst. Zahida Bibi, as both are required in case F.I.R. No,145 of 1999, dated 22-7-1999, under section 10/16 of the Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979).
2. The main ground urged by the learned counsel is that both the petitioners are sui jurist and have voluntarily married with each other. It is added that the alleged abductee Mst. Zahida Bibi herself has been made accused in this case as it was found to be a case of elopement. Learned counsel for State has opposed the bail on the ground that the Nikahnama prepared on 28-7-1999 has been found to be false during the investigation. The learned Sessions Judge has assigned detailed reasons in support of the order as according to him in-between the period of abduction and that of Nikah the petitioners kept on committing Zina with each other. The question whether the parties who are sui jurist and have contracted marriage which is admitted by learned counsel for State, have committed any offence is a question which needs further inquiry. Although investigation has been completed, yet the challan has not been submitted so far.
3. Without expressing any opinion on the merits of the case, considering that the question of guilt or otherwise of the petitioners is open to further inquiry. Both the petitioners are, therefore, admitted to bail subject to their furnishing bail bond in the sum of Rs,50,000 each with one surety each in the like amount to the satisfaction of the Area Magistrate trial Court.