' MIAN MUHAMMAD AKRAM BAITU, J.---Through this petition, the petitioner has sought for the relief of his anticipatory bail in a case F.I.R. No.304 of 2002 dated 12-10-2002 registered under sections 365/452/148/149/380, P.P.C. At Police , Station, Kacha Khuh, District Khanewal on the grounds that he has been falsely implicated in this case due to mala fide of the complainant; that the offences complained are not applicable against the petitioner; that Mst. Gulnaz prosecutrix has exonerated the petitioner from the crime complained. It is lastly contended that the case of petitioner is covered under subsection (2) of section 497, Cr.P.C., therefore, he is entitled for concession of bail.
2. On the contrary the learned State counsel has strongly opposed the petition on the grounds that the petitioner is named in the F.I.R.; that specific part of violence has been attributed to the petitioner, therefore, he is not entitled for extraordinary concession of bail.
3. Heard both the parties. Record perused.
4. From the perusal of statement of Mst. Gulnaz prosecutrix who is also present in Court, it is obvious that she has exonerated the petitioner from the crime complained. She states that she has not been abducted by the petitioner nor she has contracted marriage with the complainant. The learned counsel for the petitioner during the course of his arguthents pointed out that a suit for jactitation of marriage has already been decreed in favour of the prosecutrix. In view of the above discussion there are sufficient reasons to believe that the case of the petitioner falls under subsection (2) of section 497, Cr.P.C. Therefore, the instant petition is allowed and the pre-arrest bail already granted to the petitioner vide order dated 15-1-2004 by this Court is hereby confirmed.