' SH. JAVAID SARFRAZ, J.---The petitioners, Abdul Razzaq and Muhammad Iqbal, seek post-arrest bail in case bearing F.I.R. No.179 of 2005, dated 23-11-2005, under sections 310-A/109, P.P.C., registered at Police Station Mausa Khel, District Mianwali.
2. Learned counsel for the petitioners submits that the F.I.R. Isbased on hearsay and there is nothing to connect the petitioners with the commission of the offence; that the F.I.R. Is based on surmises and conjectures and the contentions of the F.I.R. Are belied by the judgment of acquittal recorded by the learned Additional Sessions Judge as far as back on 1st April, 1996; that all the accused except the petitioners have been granted bail; that the alleged offences relate to the year, 1996 and section 310-A, P.P.C. Was introduced in the Pakistan Penal Code on 11-1-2005 and it has no retrospective effect in view of Article 12 of the Constitution of Islamic Republic of Pakistan, 1973; that no Rukhsati has taken place and the girls are residing in their parents house; that no useful purpose would be served by keeping them behind the bars for an indefinite period and that nothing has been recovered from them and they are also entitled to be released on bail like other accused.
3. Learned State counsel has opposed the bail petition.
4. The compromise took place in the year, 1996 while the offence under section 310-A, P.P.C. Was brought into Statute book vide Criminal Law (Amendment) Act, 2004 (Act I of 2005), therefore, when the alleged offence took place on 1-4-1996, this act was not punishable by any law. It is an established principle of law that any amendment in the Penal Code shall not be retrospective, therefore, the petitioners cannot be charged against the offence, which has been introduced on 11- 1-2005. Rukhsati of the girls, alleged to have been given for the compromise, have not yet taken place and they are with their parents. Case of further inquiry has been made out, thus entitling the present petitioners to the grant of bail. Challan has been submitted in the Court but it will take a long time before the same is concluded.
5. In light of what has been discussed above, while accepting this petition, the petitioners are allowed bail after arrest subject to their furnishing bail bonds in the sum of Rs,50,000 each with one surety each in the like amount to the satisfaction of learned trial Court.