' The petitioner seeks post-arrest bail in case F.I.R. No.63 of 2003 dated 12-3-2003 under sections 10/16 of Offence of Zina (Enforcement of Hudood) Ordinance No.VII of 1979 registered at Police Station Pahrianwali District Mandi Bahauddin.
2. Succinctly the allegations against the petitioner as per F.I.R. Are that on 26-2-2003 he along with his brother Nasir Mahmood, his parents and a sister enticed away the daughter of the complainant for the purpose of committing Zina with her.
3. Learned counsel for the petitioner contends that the petitioner and his entire family including elderly parents and a sister have falsely been involved in the case; that there is an unexplained delay of more than 14 days in lodging the F.I.R.; that the petitioner was declared innocent by Investigating Officer which finding was confirmed by the S.P.; that the petitioner is behind the bars for the last about 5 months.
4. On the other hand, the learned State counsel has opposed the bail application by contending that it is a heinous offence and that the petitioner is a witness on the Nikahnama showing the abductee's Nikah having been performed with petitioner's brother Nasir Mahmood which according to learned State counsel is a forged document. The petitioner according to the learned State counsel is thus not entitled to bail.
5. I have heard the arguments of the learned counsel for the parties and perused the record.
6. Admittedly, the petitioner has been declared innocent by the police and the whole family has been involved in the F.I.R. At best the allegation against the petitioner is that he signed the Nikahnama as a witness. Furthermore he has been declared innocent by the police, therefore, a case of further inquiry in favour of the petitioner is made out within the meanings of section 497(2), Cr.P.C.
7. In view of the above, this petition is accepted and the petitioner is admitted to bail subject to his furnishing bail bond in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of trial Court.