Petitioners have moved post arrest bail in case FIR No, 20/2005 dated 15.1.2005 registered u/S. 10/11 Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 on the complaint of Muhammad Nizam at. Police Station Jehanina District, Khanewal.
2. Briefly the allegation against the petitioners as per prosecution story narrated in the FIR is that on 6.1.2005 when the complainant was not at home the accused persons forcibly abducted his daughter and also injured his wife.
3. Learned counsel for the petitioner submits that the petitioners are innocent and have no concern with the Commission of offence. That Mst. Samina alleged abductee out of own sweet will has contracted marriage on 5.1.2005 with Waheed, this fact was stated by her in the Court of learned Sessions Judge, Khanewal in an application filed -under Section 491 Cr.P.C.
Further submits that as no offence has been made out and the police has recommended the case for cancellation so the petitioners are entitled for the concession of bail.
4. On the other hand learned State counsel vehemently opposed the bail petition.
5. I have heard learned counsel for the parties and perused the record. During the course of investigation nikahnama has been verified and it has been found that the alleged abductee being sui juris has contracted marriage with Muhammad Waheed and the local police has recommended the case for its cancellation. Petitioner is behind the bars since 9.3.2005. In these circumstances case against the petitioners of further inquiry hence they are allowed bail in the sum of Rs, 50,000/- with two sureties each in the like amount to the satisfaction of learned trial Court. However. this order shall have no effect if proceedings during trial.