1. ' ZIA PERWEZ, J.---Through this application applicant seeks bail in the offence under section 16 Zina Hudood Ordinance registered at P.S. Sharafi Goth under F.I.R. No,88/2005.
2. ' Brief facts of the case are that the complainant lodged F.I.R alleging therein that one Basharat Masih, used to come to his home and talked to his wife. On 27-6-2003 at 10-30 in the night when he came to his home he found that his wife, who was alone in the house, was not available. He searched a lot but in vain but came to know that his wife has been kidnapped by Basharat son of Boota, present applicant, with the help of his two brothers Shahbaz, Shahzad and brother law Javaid.
3. ' Contention of learned counsel for the applicant is that there is delay in lodging the that the co- accused have been granted bail in the crime and as a rule of consistency the present applicant is also entitled to the concession of bail. That the applicant is behind the bars since 9-9-2003. That the victim has sworn her affidavit stating therein that she has accepted religion Islam and wanted to marry with the applicant and hence question of kidnapping does not arise. In support of his contention he has placed reliance on the case of Tariq Masih v. The State (2004 PCr.LJ 622).
4. ' On the other hand learned State counsel opposed the grant of bail to the applicant on the ground that the offence fall under the prohibitory clause of section 497. Cr. P.C. The applicant is main culprit behind the heinous crime. As regards statement of abductee/victim he contended that the 'she cannot remarry unless divorced by her previous husband under the Chhstian law, which has not been done so far.
5. ' I have heard the learned counsel and perused the material available on record. There is delay of about 11 days in lodging the F.I.R which goes unexplained. The affidavit sworn by the abductee/victim also makes the case a case of further inquiry. Applicant is behind the bars for the last four years and not single witness has been examined so far, as admitted by the learned State counsel diaries up to 31-1-2005 available in earlier bail application No,1096/2004 also confirm the same. It is settled principle of law that the accused cannot be kept behind the bars as all punishment. Under the. Circumstances, I admit the applicant to bail subject to his furnishing surety in the sum of Rs,1,00,000 (One Lac) with P.R. Bond in the like amount to the satisfaction of learned trial Court.