' TARIQ SHAMIM, J.---Through this petition the petitioner Muhammad Zahid Azhar, who is the complainant of case F.I.R. No.1175 of 2006, dated 23-11-2006 for offence under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 registered at Police Station Baghbanpura, Lahore, seeks cancellation of bail after arrest granted to respondent No.1 on 16-3- 2007 by the learned Additional Sessions Judge, Lahore.
2. The brie facts of the case are that the sister of the petitioner-complainant namely Naureen had been abducted by respondent No.1 and the aforesaid F.I.R. Was lodged regarding her abduction.
Respondent No.1 after his arrest applied for bail of the learned Additional Sessions Judge Lahore which was allowed vide order, dated 16-3-2007 the learned counsel for the petitioner has contended that respondent No.1 had concealed material facts from the learned Court in his applicion; that the sister of the petitioner had been recovered from the custody of the said respondent who got her statements recorded under section 161, Cr.P.C. Before the Police and under section 164, Cr.P.C. Before a learned Magistrate wherein she categorically nominated respondent No.1 as the accused who had abducted her and had committed Zina-bil-jabar with her; that the Nakhanama alleged signed/thumb-marked by the abductee was forged and fabricated which was evident from the fact that it was not duly registered with the Union Council and that the Nikah Khawan as well as the witness of the Nikah namely Maulvi Ameer Ali and Ashfaq Ahmed Sheikh, Advocate, had denied having performed the Nikah or having signed the same which was evident from the affidavits sworn by the said two persons attached with the petition; that even the Medico- legal Report of the abductee reflected that she had been subjected to Zina, that the abductee had been recovered by the Police from the custody of respondent No.1 and that the offence, with which the respondent No.1 had been charged attracted the prohibition contained in subsection (1) of section 497, Cr.P.C. That the overwhelming evidence referred to above was totally ignored by the learned Additional Sessions Judge while extending the concession of post-arrest bail to respondent No.l.
3. The learned Deputy Prosecutor-General while representing the State has adopted the arguments advanced by the learned counsel for the petitioner and has further stated that the statements of the abductee made after her recovery by the Police from respondent No.1 were of vital importance in which she had fully implicated respondent No.1 with the crime.
4. On the other hand, the learned counsel appearing on behalf of respondent No.1 contended that the order of the learned Additional Sessions Judge, whereby respondent No.1 had been allowed bail, was in accordance with law and the evidence available on the record and, therefore, no illegality had been committed by the learned Additional Sessions Judge in granting bail after arrest to respondent No. 1.
5. I have heard the learned counsel for the parties and gone through the record.
6. The considerations _which prevailed with the learned Additional Sessions Judge in extending the concession of bail to respondent No.1 viz. That respondent No.1 claimed Nikah with the abductee, that she admitted her signatures on blank papers, the factum of the abductee going with respondent No.1 without any male member of her family and that there being no marks of violence of her body, appear to be contrary to the overwhelming evidence available on the record which squarely connects respondent No.1 with the crime. The abductee was recovered by the Police from the custody of respondent No.1 who got her statements recorded under section 161, Cr.P.C. With the Police and under section 164 with a learned Magistrate wherein she saddled respondent No.1 with her abduction and commission of Zina-bil-Jabar while explaining that she had been forced to sign/thumb mark blank papers. During investigation the Nikahnama was found to be forged and fabricated as not only the Nikah Khawan namely Maulvi Ameer Ali but Ashfaq Ahmad Sheikh, Advocate a witness of the Nikah denied having signed the Nikahnama. The record of the Union Council also reveals that A the Nikah Nama had not been registered. The Medico-legal Report of the abductee also reflects that she had been subjected to Zina. In view of the forgoing, I have no hesitation in holding that the conclusions arrived at by the learned Additional Sessions Judge in the impugned order are arbitrary, whimsical and not supported by the record of the case.
' The impugned order reflects that the learned Judge has not made any effort to go through the Police record.
' For what has been stated above, this petition is allowed and the post-arrest to respondent No.1 by the learned Additional Sessions Judge vide the impugned order is recalled.