1. ' This bail application has been filed on behalf of the applicants/accused Muhammad Ayub and Abdul Shakoor who are facing trial, in the Court of Sessions Judge Malir, Karachi under section 11, Offence of Zina (Enforcement of Hudood) Ordinance, 1979, Crime No.16 of 2004 registered at Police Station Ibrahim Hydery, District Malir, Karachi.
2. ' As bail plea on behalf of the applicant/accused was dismissed on 24-3-2004 by the learned Sessions Judge Malir. The applicants/accused have filed this application on similar grounds before this Court.
3. ' On 14-2-2004 one Mst. Rasheeda wife of Munir Ahmed lodged the F.I.R. At Police Station Ibrahim Haidery, the contents of F.I.R. Are re-produced herein below extenso.
4. "Verbally by complainant: I am residing with my family at the address mentioned at Column No.2 above. On 14-2-2004 as usual at about 12-00 '0 clock night went for sleep. When I was awakened at about 6-20 a.m. I found my daughter Shazia daughter of Munir Ahmed aged about 14/15 years was not available at house and door of the house was, opened. I myself reached in the neighbourhood but could not find her there. Then I checked at house and opened Almirah in the house and found golden jewellry and cash Rs.25,000 were missing. Thereafter, I myself searched my daughter.
5. ' Now I came to know that my daughter Shazia daughter of Munir Ahmed aged about 14/15 years has been abducted by Ayub son of Muhammad Hussain resident of Last Bus Stop of W-22 for the purpose of Zina. I came for report. Complaint may be lodged and action may be taken. Contents are true and correct."
6. ' Mr. Abdul Ghaffar, learned counsel for the applicant/accused has contended that the daughter of complainant had legally married with the applicant/accused Muhammad Ayub, on 13-2-2004 while filing affidavit of free-will before Justice of Peace empowered under section 22-A, Cr.P.C. As and thereafter Nikah was soliminzed before Nikah Registrar/Nikha" Khawan Union Council District West on 13-2-2004 and the photographs of the abductee and the applicant Muhammad Ayub are affixed on the said documents and no Zina has been committed by the applicant/accused Muhammad Ayub, whereas the F.I.R. Was lodged on 14-2-2004. It is further urged by the learned counsel for the applicant/accused that filing an affidavit of free-will and thereafter Nikah was performed and abudctee has exercised the right of sui juris and herself inducted Muhammad Ayub as her lawful husband, therefore, the allegation against applicant/accused of abduction does not arise. It is further contended that the name of co-accused Abdul Shakoor has not disclosed in the F.I.R. Who is aged about 50 years old. He is maternal uncle of the applicant/accused Muhammad Ayub and no overt act assigned to him for committing the offence. The co-accused Abdul Shakoor had made a complaint to the Inspector-General Police of Sindh about the conduct of the Police Officer Muhammad Bashir along with the 4 Police Constables who had entered forcibly, disgraced and threatened him for dire consequences. He has been involved malafidely. It is further contended that as per F.I.R. No case for abduction has been made out. Abductee was recovered during the course of investigation and there is no allegation of committing Zina by the applicant/accused Muhammad Ayub.
7. ' Mr. Sohail Jabbar, learned counsel for the State has opposed the bail application and submits that abductee Mst. Shazia was recovered and her 164, Cr.P.C. Statement was recorded by the concerned Magistrate. According to the 164, Cr.P.C. Statement, abductee had denied the filing of the affidavit of free-will and performance of Nikah between them.
8. I have heard the arguments to the learned counsel for the respective parties and examined the documents placed on record. There are two versions between the parties, one version was given by Mst. Shazia by filing affidavit of free-will and registration of Nikah by stating A that nobody induced her or abducted her but by free-will abductee Mst. Shazia contracted marriage with Muhammad Ayub, without preSsure and without influence, but thereafter 164, Cr.P.C. Statement has been made in which affidavit of free-will and performance of Nikah have been denied.
9. ' Admittedly the above-mentioned documents are on record and there is no apprehension of tampering evidence of prosecution. The F.I.R. Was lodged on the next day of filing of free-will affidavit and registration of Nikah between the parties abductee and Muhammad Ayub.
10. ' In view of the foregoing reasons, I am of the view that this is the case for further enquiry and the guilt of accused as yet determined to the trial Court.
11. Resultantly the bail is granted to the applicants/accused subjected to furnishing surety in the sum of Rs.1.00,000 (Rupees one lac only) each with P.R. Bond in the like amount to the satisfaction of the trial Court.