Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10/11---Bail---Marriage of accused with the co-accused before she had attained the age of 18 years, prima facie, amounted to repudiation of her marriage with her previous husband in the exercise of option of puberty--­Presently no grounds being available to believe that the accused had committed a cognizable offence, case against them needed further inquiry--­Matter being of purely legal nature remained to be thrashed by a competent Court of Law and till then it was not only harsh but unfair to keep the spouses in jail---Accused were admitted to bail accordingly. Mst. Sarwar Jan v. Abdul Majid PLD 1965 (W.P.) Pesh. 5 and Ghulam Muhammad.v. Emperor 140 IC 617 ref. ORDER Mst. Razia Nawaz through Criminal Miscellaneous No.4672-B of 2000 and Muhammad Iqbal through Criminal Miscellaneous No.4394-B of 2000 seek bail in a case registered vide F.I.R. No. 117 with Police Station Saddar, Sargodha on 16-5-2000 under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979). 2. Since the applications emerge out of single F.I.R. I intend to dispose them through this order. 3. Facts narrated in the F.I.R. authored by Muhammad Nawaz, are that on 30-4-2000 his daughter Mst. Razia went to the house of her uncle Muhammad Yar and on 10-5-2000 she was found missing. He alongwith his brother went in search of his daughter, when the witnesses told them that Razia was seen in the company of Iqbal going in a vehicle towards Bhalwal. It was stated that Iqbal has abducted his daughtter for immoral purpose. .The complainant went on to state that earlier Razia was married to Azhar son of Muhammad Hanif. 4. Post-arrest bail was declined by the Additional Sessions Judge, Sargodha on 17-6-2000. 5. Learned counsel contended that Nikah with Azhar was solemnized on 27-2-1991 but Rukhsati did not take place and as such marriage with Azhar was not consummated. The Investigating Officer present with record admitted that no Rukhsati of Razia had taken place with Azhar. It was further stated that the date of birth of Razia is 24-12-1983 meaning thereby…

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