' SYED SHABBAR RAZA RIZVI, J.---The petitioners have filed this bail application in F.I.R. No, 16, dated 28-1-2005 registered under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Gunjial, District Khushab.
2. Briefly the complainant alleged that his daughter Mst. Rehana Parveen was abducted by accused persons named in the F .1. R.
3. The learned counsel for the petitioners submits that name of petitioners was not mentioned in the F.I.R. They were named by the complainant in a supplementary statement recorded after 11 months of the occurrence. He further submits that during the course of investigation, petitioners were found innocent by the Investigating Officer and the same investigation was never called in question by the complainant. He also submits that co-accused have already been granted bail who are nominated in the F.I.R. The learned counsel for the State submits that girl has not been recovered so far and the offence falls within the prohibitory clause of section 497, Cr.P.C.
4. I have heard the learned counsel for the parties and also perused the record. The record shows that petitioners were declared innocent by the Investigating Officer. Though the opinion of the Investigating Officer is not binding on the Court, however, when it is supported by cogent material, it has its persuasive value and cannot be brushed aside totally. Similarly, it is also fact that petitioners were not nominated in the F.I.R. And their names were added in the list of accused in a supplementary statement which was also recorded after 11 months of the occurrence which factor itself is sufficient to create doubt in the veracity of contents of F.I.R. In view of the above reasons, this bail application is allowed subject to petitioners furnishing bail bonds in the sum, of Rs,25,000 each with one surety each in the like amount to the satisfaction of learned trial Court.