Petitioner has moved this application for his release on bail in case FIR No, 181 dated 26.3.2007 registered u/S. 365-B PPC at Police Station Noor Shah, Sahiwal.
2. Allegedly the petitioner abducted Mst. Shehnaz Bibi alongwith her ornaments.
3. Learned counsel for the petitioner submitted that the petitioner has been found innocent and discharge report too has been compiled. It was contended that there was unexplained inordinate delay in lodging the FIR and no recovery was effected from the petitioner. The petitioner has been in the Jail for the last about 11 months.
4. Learned DPG submitted that the punishment for the offence in question fell under prohibitory clause of Section 497 Cr.P.C. The victim and PWs had supported the prosecution story. The ipsi dixit of the police was not binding on the Court. The petitioner, therefore, was not entitled to concession of bail.
5. The victim was not recovered from the custody of respondent and statedly she reached her house of her own after escaping from the clutches of the petitioner and his co-accused. She was not got medically examined, therefore, corroboration of the allegation that she was subjected to zina bil jabs is missing. The facts mentioned in the FIR were found baseless, hence, the petitioner was declared as innocent. All these facts make case of the petitioner as one of further inquiry. The petitioner is admitted to bail subject to furnishing bail bonds in the sum of Rs, 1,00,000/- (one lac) with one suretythe like amount to the satisfaction of learned trial Court.