Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979

Section: 10,11,14

Criminal Procedure Code (V of 1898)----- ----S. 497---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10, 11 & 14--Bail---Accused, a lady, had sought bail on the sole ground of pregnancy---Report of the Civil Surgeon, Civil Hospital, revealed that the accused was in advanced stage of pregnancy---Accused was continuously in custody for the last about four months---Bail was allowed to accused in circumstances. Mst. Shamim AKhtar v. The State 1991 PCr.LJ 1079 and Mst. Zarina v. The State 1991 MLD 518 ref. THIS ORDER PASSED BY: MUHAMMAD ROSHAN ESSANI, JUSTICE:---.--- The facts leading to the present application for bail are that applicant/accused Mst. Soni daughter of Mukhtiar Shambani is facing trial before Additional Sessions Judge (Hudood) Sukkur under sections 10, 11 and 14, Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The case arose out of F.I.R. No. 48 of 2002 of Police Station Salehpat. The brief facts of the prosecution case as disclosed in F.I.R. lodged by complainant Ghulam Qadir Shambhani on 26-8-2002 are reproduced herein below in extenso:--- "Complaint is that on 23-5-1997, I married with Mst. Soni daughter of Mukhtiar by Caste Shambani according to Shariat. On 4-11-1999, she filed civil suit in Family Court for obtaining 'Talaq', which was dismissed on 6-4-2002. After that in Civil Court, I filed appeal on 28-4-2000. Thereafter, the matter was settled in Brothery, and Mst. Soni was given to me. She started living with me. On 5-7-2002 (1), Haji Moor Muhammad son of Sanjar (2) Brother Lal Muhammad son of Allah Dino Shambani were present in the house when accused (1) Gohram son of Mukhtiar Shambani, .(2) Manzoor son of Nek Muhammad alias Bingo, (3) Aziz son of Nek Muhammad alias Bingo, (4) Dodo son of ' Nindo by Caste Shambani, came and enticed away my wife Mst. Soni at Fajjar prayer time. They were identified by the above said witnesses. The Gohram Shambani brother of Mst. Soni got performed her Nikah with Manzoor Shambani against monetary consideration. The Nikah was recited by Maulvi Muhammad Bux. During the subsistence of previous Nikah, the second Nikah with Manzoor Shambani and handing over her, custody to him…

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