1. Petitioner seeks post-arrest bail in case registered vide F.I.R. No, 147/2005 dated 7.7.2005 u/S. 16 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 Police Station Daira Din Panah, Tehsil Kot Addu, District Muzaffargarh.
2. 2.It is stated in the F.I.R. by the complainant that Mst. Naseem Akhtar, wife of his brother Bashir Hussain, was enticed away by the petitioner alongwith others.
3. 3.Arguments heard. Record perused.
4. 4.Petitioner is behind the bars for the last almost 16 months and complete challan has not so far been submitted. Hence there is no likelihood of commencement of trial in the near future, that the instant F.I.R. was lodged with an inordinate delay of 352 days, for which no plausible explanation was put forth; that the co-accused Wahid Bakhsh having similar role has already been enlarged on bail on 27.10.2005; that the only evidence against the petitioner is that the alleged abductee was last seen in the company of the accused persons named in the F.I.R. including the petitioner and she has not so far been recovered. As per police record, she has contracted marriage with co- accused Muhammad Bakhsh and this was also verified by the Secretary Union Council; that the case of co-accused Wahid Bakhsh (already enlarged on bail on 27.10.2005) is at par with the case of the petitioner.
5. 5.For, what has been stated above, this petition is allowed by admitting the petitioner to bail in the sum of Rs, 50,000/-, with two sureties each in the like amount, to the satisfaction of the learned trial Court.