' This bail petition has been filed on behalf of Habib who stands arrested on the allegation of having abducted Mst. Hamida Bibi and committed rape with her.
2. According to the F.I.R. Lodged by one Ghulam Mustafa on 21st March, 1983 at Police Station Kot Chhutta, his wife Mst. Hamida had disappeared on 3rd March, 1983 from his house. Ghulam Farid told him that Mst. Hamida was being taken forcibly on horseback by the petitioner and few others.
Mst. Hamida, the alleged abductee, was recovered on 3rd June, 13 and was arrested as a co- accused in this case. It appears from the record that. She was discharged by a Magistrate on 21st June, 1983 as according to him she was abducted forcibly and, therefore, she could at best be a witness in the case. Muhammad Nawaz Khan, D.S.P., who investigated this case ultimately held that the petitioner as well as Mst. Hamida were guilty and the rest of the persons named in the F.I.R.
Were innocent. Consequently, all the co-accused of the petitioner were granted bail. The petitioner's bail application was declined by Additional Sessions Judge on 23rd June, 1983, hence this application.
3. I have heard the learned counsel for the petitioner as well as for the State and also perused the record.
4. Admittedly the incident was reported with a delay of 15 days. Mst. Hamida, the alleged co- accused, has since been discharged and made a witness in this case. Her statement recorded during the investigation on 3rd June, 1983 clearly absolves the petitioner from the charge of abduction and rape. Rather she averred that she was not married to Ghulam Mustafa and that she had herself walked over to the petitioner and contracted marriage with him of her free will.
5. In the circumstances, the case of the petitioner is certainly one of further inquiry as to whether he committed an offence with which he is charged or not? Consequently, I allow this petition. He be released on bail subject to his furnishing a bond in the sum of Rs, 10,000 (Rupees ten thousand only) with one surety in like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Dera Ghazi Khan.