' NASIM SIKANDAR, petitioner was arrested on 9-10-2005 in case F.I.R. No,41, dated 29-3-2005 under sections 10, 13 and 16 of the Offence of Zina (Enforcement of Hadd) Ordinance, 1979 read with section 337-F(v), P.P.C. Police Station Pind Dadan Khan, District Jhelum. Earlier his application for concession of post-arrest bail was rejected by Additional Sessions Judge, Jhelum on 14-11-2005.
2. One Muhammad Zafar son of Khush Hal Khan resident of Dhodi, District Jhelum lodged the above said F.I.R. Alleging abduction of her two married daughters namely Mst. Ghulam Zohra and Mst.
Robin by Ghulam Shabbir with the active assistance of Shamim Adil son of Ghulam Muhammad, Javed son of Muhammad Ali Kora, Sajid son of Muhammad Ali, Naseem Begum widow of Muhammad Ali and Irshad Bibi wife of Abdul Rehman residents of the village. Subsequently the name of the present petitioner was also included in the list of accused on the statement of the mother of the alleged abductees.
3. After hearing the learned counsel for the petitioner as well as the State I am inclined to allow the concession of post- arrest bail to the petitioner for the following reasons:-- ' First, the allegations made against the petitioner are against the statements of the alleged abductees, dated 20-10-2005 recorded by Mr. Abdul Qayyum, Civil Judge/ Judicial Magistrate, Karachi South in Criminal Cases Nos. 39 and 40. In these statements both the alleged abductees stated to have left their home at their own will. These statements when juxtaposed with those subsequently made before Police in this case make the case of the petitioner to be that of further inquiry; ' Second, all the accused nominated in the F.I.R. Have already been enlarged on bail; ' Third, the petitioner was included in the list of accused on the statement of the mother of the alleged abductees after almost 6 months of the registration of the case; ' Fourth, although incomplete challan in the case was submitted on 3-11-2005, yet no evidence has so far been recorded. Therefore, the completion of the trial does not appear in sight; and ' Lastly, the petitioner is no more required for investigation. His claim of being a previous non- convict is also not seriously challenged by the prosecution.
4. Therefore, this petition is allowed and the petitioner is directed to be released on bail subject to his furnishing bail bonds in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of the trial Court.