1. A case is registered against the petitioner under section 11/16 of the Zina Ordinance on 12th October, 1981 at Police Station Gowalmandi, Lahore. The allegation against him in the F.I.R. Is that on 28th September, 1981 Mst. Yasmin and Mst. Samina, two young girls, went to fetch medi--cine from the Mayo Hospital, Lahore. The doctor who examined Mst. Yasmin gave her some prescription and directed that they should get the medicine from the dispensary. The girls went to the dispenser. The petitioner is stated to be the dispenser. He told the girls that the medicine written in the prescription by the doctor was not correct and that he would get the error removed. He took Mst. Yasmin with him. Mst. Samina waited for her for quite a long time, but Mst. Yasmin did not return. Thereafter Mst.
2. Samina went to her house and informed the complainant Habibullah about the same. The complainant searched for the petitioner as well Mst. Yasmin but he could not trace them. Thus, the allegation against the petitioner is that he abducted Mst. Yasmin from the Mayo Hospital, Lahore, and had enticed her away. On the registration of the case against the petitioner he was arrested on 19th October, 1981, but the girl was not recovered from him. He is stated to have told the police that some other person Ghazanfar Ali Shah had taken away the girl and he only took her to him.
3. This Ghazanfar Ali Shah is already on bail. I did not allow bail to the present petitioner earlier because the Investigating Officer informed me that the girl was still to be recovered from him and she had not been recovered. The position has not changed even at present. Muhammad Zafarullah S.H.O. Police Station Gowalmandi is present in Court alongwith the record of this case which is being investigated by Moazzaz Ahmad S. I. The position is that although almost one year ha passed the girl has not been recovered. Incomplete challan against the petitioner had been sent up, but it was sent back due to some objection. It is still lying with the police and the complete challan has yet to be sent up. The petitioner had been in the custody of the police for almost a year and yet they have not been able to effect the recovery of the girl from him. The incomplete challan was sent up and that had been returned due to some objection and at present it is pending with the police. In other words, no recovery has been effected from the petitioner and he has remained behind the bars for almost a year and the challan as against him has also not been sent up for trial. In that view of the matter in my view a case for bail is male out. The petitioner is admitted to bail subject to hi! l furnishing security in the sum of Rs. 20,000 (Rupees twenty thousand) with two sureties, each in the like amount, to the satisfaction of Illaqa/ Duty Magistrate, Lahore. This petition stands disposed of.