' NAZIR AHMAD SIDDIQUI, J.--- Petitioners seek post-arrest bail in a case ,registered vide F.I.R. No,499 of 2005, dated 12-11-2005 under sections 16/10 of Offence of Zina (Enforcement of Hudood)
Ordinance VII of 1979 at Police Station Gaggo District Vehari.
2. As per F.I.R., petitioners (real brothers) along with others abducted Aasia Bibi allegedly a daughter-in-law of the complainant for the purpose of committing Zina.
3. Arguments heard. Record perused.
4. There is a delay of four months in lodging the F.I.R., not properly explained; that the petitioners are behind the bars for the last five months and there is no likelihood of commencement of the trial in near future as only incomplete challan has yet been submitted; that Mst. Aasia Bibi, the alleged abductee has not supported the story of F.I.R. Rather she has filed a suit for jactitation of marriage against Javaid. Iqbal (son of the complainant) with whom her Nikah had been alleged; that neither said Javaid Iqbal nor the witnesses of his alleged Nikah with the alleged abductee had joined the investigation inasmuch as Nikah Khawan of the said Nikah was also not interrogated; that the detention of the petitioners would be of no use to the prosecution.
5. For what has been stated above, instant petition is allowed. Resultantly, the petitioners are admitted to bail subject to furnishing bail bonds in the sum of Rs,50,000 (Rs, fifty thousand) each with two sureties each in the like amount to the satisfaction of the learned trial Court.