This is an application for bail- on behalf of Rabnawaz, Manzoor. Mamla and Suba petitioners in a case under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at Police Station Makhdoom Rashid, vide F. I. R. No. 127, dated 6th June, 1981.
2. The prosecution case is that the petitioners abducted Mst. Khanum on the night between 3rd and 4th June, 1981 from the house of her father, Mahya, situate in the area of Mauza Ghulam Yasin. The F. I. R. Was lodged on the statement of Mst. Khanum wherein she stated that the petitioners forcibly took her to the house of Suba petitioner, confined her in a room where Mamla petitioner committed rape with her while the others stood as guard outside.
3. Learned counsel for the petitioners contends that it is a false case. He states that Suleman and Kamdar P. Ws. In their affidavits placed on the record have stated that they have not seen the occurrence. They are present in Court and own 'the affidavits. Learned counsel has also produced Mahya, father of the alleged abductee. He is before me. He, too, owns .The affidavit placed on the record.
4. As against this learned State counsel has opposed this petition. He submits that the F. I. R. Was lodged by Mst. Khanum. She has not exonerated the petitioners, therefore, bail may not be allowed to them on the basis of the affidavits.
5. After hearing the learned counsel for the and through the material placed before me, I find that the three eye-witnesses, including the real father of the alleged abductee in their affidavit, which have been owned by them before this Court,have not supported the prosecution case.
In these circumstances I am of the opinion that it is matter of further inquiry. The petitioners are allowed bail in the sum of Rs. 10,000 (rupee; ten thousand) each, with one surety each in the like