Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Offence of Zina (Enforcement of Hudood) Ordinance, 1979

Section: 5, 16

Criminal Procedure Code (V of 1898) S. 497-Bail, grant of Nikah of prosecutrix in dispute between parties and both sides placing documents on record in relation to fact of nikah-Legal scrutiny of such documents to establish nikah of girl with either of claimants yet to be made by trial Court-Not proper for one of claimants to be detained in custody, in circumstance Applicant allowed bail-Azad Jammu & Kashmir Offence of Zina (Enforcement of Hudood) Ordinance, 1979, S. 5/16. Date of institution : 17th August, 1980.                                                                                                                                              ORDER This revision petition has arison out of order-dated 11-8-1980 made by the District Criminal Court, Muzaffarabad. I nitially a case under section 5/16 of the Offence of Zina (Enforcement of Hudood) Ordinance was registered by the police and in conclusion of the investigation by the police section 5 of the said Ordinance was altered to section 10 of the same Ordinance. The impugned order was made by the District Criminal Court at a time when application of section 5 of the Ordinance was there on the face of the record and it worked in its mind. Mst. Naheed Bibi-accused has not come up in revision petition for whom the accused-petitioner suggests that she should be allowed to take a course so as to side him. This cannot be done at this stage in the circumstances of the case which yet stand to be deter mined by the trial Court.…