The petitioner seeks bail after arrest in case FIR No. 247/2003, dated 2.6.2003 registered at Police Station Noor Shah, District Sahiwal under Sections 10/11 of Offence of Zina (Enforcement of Hudood)
Ordinance, VII of 1979 on the application of Mst. Sakina Bibi.
2. Brief allegation in the FIR is that the petitioner alongwith others had abducted the complainant Mst. Sakina Bibi and thereafter she was subjected to Zina by the petitioner and Zahoor co-accused, with whom her Nikah was also performed after getting her statement recorded before the Magistrate. Her father then brought her,back from Chak No. 49 Tibba.
3. Learned counsel for the petitioner contends that petitioner has been involved in this case as his father is a witness in case FIR No. 56/2002 at the same police station registered under Sections 302/411/457/380 PPC against the relative of complainant and the petitioner has been involved in the present case only with mala fide intention. It is also contended that the complainant has in fact contracted Nikah with Zahoor with her free will and consent, but has falsely involved the present petitioner due to above reason.
4. On the other hand, learned counsel appearing on behalf of the State opposes this application on the ground that the offence falls within the purview of prohibitory clause and the petitioner is named in the FIR with serious allegation of Zina.
5. I have heard the learned counsel for the parties and also perused the record. The version of the petitioner is that he has been involved in the present case with mala fide intention as his father is a witness in case FIR No. 56/2002. It is even admitted in the FIR itself that the complainant appeared before the Magistrate and got recorded her statement in which she admitted to have contracted Nikah with Zahoor. The story narrated by the complainant seems to be doubtful, who also appears to be a consenting party as she had been allegedly taken to different places by the accused but she never raised any alarm. Even otherwise, the possibility of involvement of the petitioner due to mala fide intention cannot be ruled out as the petitioner's version is that his father is a witness in case FIR No. 56/2002 and the relative of main accused namely, Anar alias Nari has influenced the complainant to falsely implicate the petitioner in the present case. The police has continuously investigated the version of the petitioner, hence, cannot said to be an afterthought version set up subsequently. The case of the petitioner due to above circumstances falls within the purview of further inquiry. Hence, this application is accepted and the petitioner shall be released on bail subject to his furnishing bail bonds amounting to Rs. 2,00,000/- (Rupees two lac only) with two sureties each in the like amount to the satisfaction of learned trial Court.