Piran Ditta petitioner has applied for the grant of bail in case F.
1. R. No. 67 dated 23rd February, 1982 under section 16 of Offence of Zina Enforcement of Hudood) Ordinance (VII of 1979) registered at Police Station Shujaabad, District Multan. His similar petition filed in the Court of Session, Multan, was rejected by the learned Additional Sessions Judge vide his order dated 27th April, 1982.
2. According to the F. I. R. Lodged by Muhammad Nawaz, father of the abductee, on 20th February, 1982 Wazir, co-accused of the petitioner, called out Mst. Nark Perveen to the house of Mst. Nazir Mai . On the pretext of doing some work. When she went to that house, the petitioner and his other co- accused were present there and all of them abducted her. The complainant made efforts for her restoration but his efforts proved futile and, therefore, he was obliged to lodge the report after three days of the occurrence.
3. I have heard learned counsel for the parties and perused the record.
4. According to the learned counsel for the petitioner, Mst. Naik Perveen, the abductee, had eloped with Wazir, co-accused of the petitioner, of her own free will and being sui juris, she had contracted marriage with him, vide Nikahnama dated 18th April, 1981 (copy of which has been produced). Also she had allegedly sworn an affidavit on 18th April, 1982 stating therein that she was adult and that she was no abducted or kidnapped by anybody. Her clinical and radiological age is I8 years, as per certificate issued by Medical Officer, Sadiqabad. Learned counsel states that the petitioner is in jail for the last 2J months and he was involved alongwith his daughter and other relatives to pressu-- rise Wazir, co-accused, to produce Mst. Naik Perveen.
5. I have weighed the arguments of the learned counsel and found that there is no allegation of rape against the petitioner and the documents viz, Nikahnama, report of Radiologist and the affidavit sworn by Ust. Naik Perveen, establish prima facie that she had eloped with Wazir, co- accused, of her own free will. I do not know of any law which permits the detention of an accused for indefinite period c waiting for the arrest of his absconding co-accused or the recovery of the abductee. In these circumstances, the petitioner has made out a good case for the grant of bail.
6. This petition is, therefore, allowed and petitioner's release is directed provided he furnishes a bail bond in the sum of Rs~. 10,000 (Rs. Ten thousand only) with one surety in the like amount to the satisfaction of Assistant Commissioner, Shujabad.