' Through this petition the petitioners seek bail after arrest in case F.I.R. No,68 of 2001 registered on 15-2-2001, under sections 10/11 of the Offence of Zina (Enforcement of Hadood) Ordinance VII of 1979 with Police Station Khanka Dogran District Sheikhupura, on the complaint of Arseen.
2. The brief facts of the case are that the brother of the complainant has three daughters. The eldest daughter Mst.Nadia is 14/15 years. Maqsood Ahmed co-accused deals in some business and used to visit the house of the complainant. Mst. Nadia got established illicit relations with Maqsood Ahmed and she has been abducted by Maqsood Ahmed and other persons. On the statement of the complainant, case was registered.
3. Learned counsel for the petitioners contends that Mst. Nadia the alleged abductee embraced Islam and contracted marriage with her free-will and consent with Maqsood Ahmed. Writ Petition was filed by Mst.Nadia Aysha Bibi and my learned brother Nasim Sikandar, J., directed the medical examination of Mst. Nadia for ascertaining her age. Medical Certificate is attached with this petition as Annexure "B" which has been issued by the Board of Doctors and according to the Board's assessm ent after X-Ray and other tests the age of Mst. Nadia Is approximately eighteen years.
4, Learned counsel for the petitioners contends that the alleged abductee was sui juris and contracted marriage with her freewill and consent with Maqsood Ahmed and the petitioners and the other accused have not committed any offence as such they are entitled to the grant of bail.
5. Learned counsel appearing on behalf of the complainant has opposed the bail application on the ground that according to the birth certificate, school leaving certificate and the certificate regarding the nikah of the parents of Mst. Nadia, the age of the abductee is 15-1/2 years, and this age was not sufficient to contract marriage as she was a minor. Hence the petitioners are not entitled to the grant of bail. He further contends that the minor girl cannot contract marriage with her free-will and consent.
6. I have heard the learned counsel for the parties and also perused the record. Admittedly the Medical Board was constituted by this Court for determining the age of the alleged abductee according to which age of the abductee is 18 years. The above certificates and other entries cannot be preferred over the Medical Report which has been obtained after thorough examination of the abductee. Prima facie the abductee is 18 years of age and has contracted marriage with her free-will and consent with Maqsood Ahmed co-accused and is supporting the version of contracting of marriage with her free-will and consent consistently. The petitioners have not abducted the alleged abductee. The only role ascribed to them is that they are witnesses of the Nikah performed by Maqsood Ahmed with Mst.Aysha. They have not committed any offence by signing the column of witnesses on the Nikahnama which has been mutually entered with their free-will and consent by Maqsood Ahmed and Mst. Aysha who according to the Board's Report is major and could enter into the same. There is no allegation of abduction and zina against the petitioners. The case of the petitioners is of further inquiry and they are entitled to grant of bail.
Even otherwise the police has recommended for the cancellation of the case as according to the police the allegation levelled in the F.I.R. Have not been proved.
7. This application is accepted and the petitioners are admitted to bail after arrest subject to their furnishing bail bonds in the sum- of Rs,50,000 each with one surety each in the like amount to the satisfaction of AC/Duty Magistrate, Sheikhupura.