1. ' The petitioner is an accused of offence under section 494, P.P.C. Read with section 10(2), Ordinance VII of 1979, vide F.I.R. No,143 registered with Police Station Qadirabad, Mandi Bahauddin.
2. The petitioner was taken into custody on 26-8-2000 and since then he is confined in judicial lock- up. It is argued by the learned counsel that petitioner's wife Mst. Kausar Bibi had in fact been divorced by her previous husband and thereafter, the petitioner had married her. Further, submits that suit for declaration that she had been divorced by her previous husband is pending adjudication, therefore, case against the petitioner is open to further inquiry. It is further supplemented that co-accused of the petitioner Mst. Kausar has been admitted to bail and if it is viewed from this angle that Mst. Kausar represented herself to be a divorced woman then there is no evidence available with the prosecution that petitioner was aware of the fact that she had not been divorced by her previous husband. The position even today is that Mst. Kausar does not admit herself to be wife of previous husband and claims that she had been divorced. It appears that the prosecution perhaps even did not advert to this aspect of the case as to what legal evidence is available against the petitioner to burden him that he had knowledge that Mst. Kausar Parveen had not been divorced and in spite of that he contracted marriage with her. Be that as it may, I do not want to express any opinion on this aspect of the case, lest it may prejudice the proceedings before the learned trial Court. Suffice it to say that case against the petitioner is open to further inquiry and he cannot be kept in jail as a matter of punishment. He is, therefore, admitted to bail on his furnishing bail bond in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of learned trial Court.