Law: Criminal Procedure Code (V of 1898)

Section: 497

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

Section: 11

Law: Constitution of Pakistan, 1973

Section: 185(3)

  Criminal Procedure Code (V of 1898)--   ---S.497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.11--Constitution of Pakistan (1973), Art. 185(3)—Appellants involved in case under S.11 of Ordinance (VII of 1979) denied bail by High Court--Order impugned--Plea raised that after woman appellant having been divorced by her former husband, they had entered into a valid marriage and were living as husband and wife when apprehended from their house--Affidavits of witnesses mentioned in F.I.R. filed to show that case registered against them was false--Objection raised on behalf of State that by obtaining affidavits of eye-witnesses, appellants had tried to tamper with record, repelled--Held: Prima facie there was no tampering of record if appellants, while a they were admitted to bail, had obtained affidavits of eye-witnesses etc. not supporting the prosecution version for those witnesses whose affidavits had been taken, had not come forward to state that these had been obtained through coercion--Matter as to whether woman had been divorced by her former husband or not could only be determined by a Family Court Judge--Petition converted into, appeal and bail allowed. ORDER JAVID IQBAL, J.--After hearing learned counsel for the petitioners Muhammad Hayat and Mst. Sultana, as well as the State, we convert this petition into appeal and proceed to dispose it of as such. 2. The appellants Muhammad Hayat and Mst. Sultana are involved in a case under section 11 of the Hudood Ordinance VII of 1979 which has been registered against them on 11 September 1986. It is stated in the FIR that Muhammad Hayat appellant had forcibly abducted Mst. Sultana appellant and subsequently the abductee was not restored to her husband. Both the appellants were allowed bail by the Sessions Judge, Sargodha but subsequently the Lahore High Court, Lahore vide its order dated 14th March, 1987 cancelled their bail. As a result both of them were sent to jail. They again moved an application for bail which was dismissed by the Sessions Judge Sargodha. Thereafter the appellants moved for their bail before the Lahore High Court, Lahore but learned Single Judge of that Court…

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