2. ' SHAHID HAMEED DAR, J.--- The petitioner seeks bail after arrest in case F.I.R. No,562 of 2011, dated 28-5-2011 under section 365-B P.P.C., registered at Police Station Factory Area, District Sheikhupura.
2. Muhammad Mukhtar Khan complainant has alleged in the F.I.R. That his daughter Mst.Nagina Shehzadi, aged 20 was alone at her house when accused Mazhar, Azhar, Zahid, Khizar and Muhammad Amin (petitioner) abducted her on 26-5-2011; witnesses Ghulam Qadir and Muhammad Imran witnessed the occurrence; the accused also took with them gold ornaments weighing 22 tolas and cash Rs, 1,50,000.
3. Learned counsel for the petitioner submits that accused petitioner is aged 80 and father of his co-accused who are real brothers inter se; accused Khizar worked at the house of the complainant for many years and he developed liaison with Mst.Nagina Shehzadi which led to their marriage on 4-6-2011; the alleged victim filed a private complaint against her parents and others under sections 452/506/34, P.P.C. Wherein she admitted to have solemnized Nikah with Khizar Hayat accused; all the able bodied male members of the petitioner have been falsely involved in this case so he may be set at liberty.
4. On the other hand, learned Deputy Prosecutor-General Punjab assisted by learned counsel for the complainant submits that the petitioner along with his co-accused forcibly abducted the daughter of the complainant and also stole valuables worth lacs of rupees; the abductee is yet to be recovered who is in the clutches of the accused; mere old-age of the petitioner without any element of sickness does not help the petitioner in any manner; nikahnama was neither produced before the Investigating Officer nor it stands verified during the investigation.
5.After having heard learned counsel for the parties and perused the record, I find that petitioner is real father of his co-accused. His implication as an accused in this case, in the said perspective raises eyebrows, for, society has not run so bankrupt that a father would encourage or accompany his sons to commit an offence of moral turpitude or an offence like the one, under discussion. He has been stated to be aged 80 and it is the stage of life, which may bring senility as well. The factum of marriage between accused Khizar and Mst. Nagina Shehzadi is still to be probed into by the Investigating Officer who despite having received a copy or nikahnama appears to be reluctant to investigate the case from the said angle as Khizar Hayat accused has not been arrested so far. All able bodied male members of family of the petitioner have been involved in this case along with the petitioner whose false implication in this case being father of his co-accused and due to malice or ulterior motives of the complainant cannot be ruled out. To keep the petitioner incarcerated further would be of no consequence to the case of prosecution. Therefore, I accept this application and admit the petitioner to post-arrest bail subject to furnishing bail bonds in the sum of Rs,1,00,000 with one surety in the like amount to the satisfaction of learned trial court.