This is an application on behalf of Hayat Shah for bail in a case under section 11 of the Offence of Zina (Enforcement of Hadood) Ordinance, 1979 registered at Police Station Bahawala District Jhang vide F. I. R. No. 369 dated 1 November, 1979.
2. The allegations against the petitioner are that he alongwith his brother Abid Shah enticed away Mst. Sardaran wife of Jahangir P. W. With the intent that she may be subjected to illicit intercourse.
After registration of the case the Police collected evidence of two witnesses, namely, Muhammad Yaqoob and Dost Muhammad who stated that they had seen Mst. Sardaran in the company of the petitioner and his brother Abid Shah two months before the registration of the case. Not other incriminating evidence has been collected by the Police so far. Mst. Sardaran, the alleged abductee teas also not been recovered in this case.
3. Learned counsel for the petitioner submits that the allegations as contained in the F. I. R.
Accepted at their value do not make out a case punishable under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and at the worst the allegation may fall within the purview of section 16 of the same Ordinance which is not punishable with ten years or more.
As against this, learned counsel appearing on behalf of the State submits that it is a case of heinous nature. The alleged abductee has not been recovered so far and that the petitioner had absconded and was declared a proclaimed offender and is thus not entitled to the concession of bail. He further submits that there is an apprehension that he may abscond again.
4. After hearing learned counsel for the parties, I find that the petitioner was arrested on 14th May, 1981, but the evidence has not been recorded so far. There is no allegation of rape against him.
Prime facie it does not appear to be a case of forcible abduction, No useful purpose could best served by keeping the petitioner in the jail. In these circumstances, the petitioner is allowed bail in the sum of Rs. 50,000 (rupees fifty thousand) with two sureties each in the like amount to the satisfaction of Resident Magistrate, Chiniot.
5. 1t would be open to the prosecution and the complainant to apply for the cancellation of bail granted to the petitioner in case Mst. Sardaran, after her recovery, implicates the petitioner in the commission of the crime.