Petitioner seeks bail in case FIR No, 1 of 2002 dated 1.1.2002 under Sections 10/11 Offence of Zina (Enforcement of Hudood) Ordinance, VII of 1979, registered at Police Station Mumtazabad, Multan.
2. Brief facts of the' case as given in the FIR are that on 26.12.2001, complainant's sister Mst. Farzana did not return from her duty, whereupon the complainant inquired and PWs` informed that she was seen in the company of petitioner and his co-accused at BCG Chowk, where they were boarding a Wagon heading towards General Bus Stand. The complainant in the company of PWs went to the house of Faheem Shah co-accused who promised to return the abductee, but on finally refusing the instant case was registered.
3. Learned counsel for the petitioner contends that there is delay of 6 days in registration of the case; that there is no allegation of Zina against the petitioner; and that the petitioner has only been involved in the case because he is real brother of Faheem Shah, the alleged principal accused.
4. On the other hand, learned State counsel has opposed this application.
5. I have considered the arguments of the learned counsel for the parties.
6. According to the FIR, the petitioner was one of the initial abductors alongwith Faheem Shah, Muhammad Anwar & Mst. Faiz Akhtar, while according to the statement of Mst. Farzana recorded under Section 164 Cr.P.C., petitioner was not one of the initial abductors. According to which initially she was abducted by Faheem Shah, Muhammad Anwar and Mst. Faiz Akhtar. The petitioner was later on involved in the process of occurrence. The abductee has not levelled any allegation of Zina against the petitioner, even otherwise, the petitioner is real brother of Faheem Shah, who is the principal accused in the case. The abductee was not recovered from the petitioner. Prima facie, circumstances of the case indicate that case of the petitioner is one of further inquiry. He is accordingly admitted to bail subject to his furnishing bail bond in the sum of Rs, 40,000/- with one surety in the like amount to the satisfaction of learned trial Court.