Petitioners seek post-arrest bail in a case registered vide FIR No. 499/05 dated 12.11.2005 under Section 16/10 of Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 at Police Station Gaggo District Vehari.
2. As per FIR, petitioners (real brothers) alongwith 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 FIR, 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 FIR 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.