Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 497(2)---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10/11---Bail, grant of---Further .inquiry---Accused though was named in F. I. R. and allegations of abduction and commission of Zina were levelled against him, but alleged abductee had already filed a suit for jactitation of marriage against person who claimed himself to be her husband and that case was pending for adjudication---Alleged abductee in her statement recorded in the Court of Sessions Judge had categorically deposed that she was wife of accused and that fact had also been mentioned in the order of Sessions Judge---Accused was behind the bars for the last about five months, but trial against him had not commenced---Speedy trial of accused was his recognized right and in case of delay in the trial, accused was justified for asking relief of his post-arrest bail---Sufficient reasons were to believe that case of accused needed further inquiry into his guilt which fell under subsection (2) of S.497, Cr.P.C.---Further detention of accused in judicial lock-up would not serve any useful purpose---Accused; in circumstances was granted bail. ORDER Through this petition the petitioner has sought for the relief of his post-arrest bail in case F.I.R. No.30/03, dated 2-4-2003 registered under sections 10/ 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, VII of 1979 at Police Station Makhdoompur Pahoran District Khanewal. 2. It is argued by the learned counsel for the petitioner that he has been falsely involved in this case due to the mala fide of a complainant; that the offences complained are not applicable against the petitioner; that Mst. Zahida Parveen alleged abductee is the allegedly wedded wife of the petitioner; that she has already filed a suit for jactitation of marriage against one Sajjad. It is lastly contended that case of the petitioner is covered under subsection (2) of section 497, Cr.P.C. 3. The learned State Counsel opposed the petition on the ground that the petitioner is nominated in the F.I.R. and the offences complained fall within the…

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