' Heard. Record of investigation brought by the aforementioned Police Officer has been perused and considered.
2. The petitioner is involved in offences punishable under sections 11 and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, arising out of F.I.R. No, 113 of 1982, lodged at Police Station, Kabirwala, on 12-5-1982.
3. Briefly stated, the allegations against the petitioner are that on 10-5-1982 at about 8-00 a.m. he abducted Mst. Amiran Bibi wife of Manzoor Ahmad complainant from his (complainant's) house in the latter's absence for illicit purposes.
4. Mst. Amiran Bibi, the abductee, is alleged to have been recovered from the petitioner on 13-5- 1982.
5. It transpires from the contents of the statement of the abductee recorded under section 164, Cr.P.C. on 13-5-1982 that neither the petitioner nor anybody else subjected her to Zina and that in fact she was not abducted by the petitioner from the house of the complainant. According to the said statement, the petitioner misstated before the abductee that her mother happened to be present in the petitioner's house, she went herself in the petitioner's house to meet her mother who was not present there.
6. The learned counsel for the petitioner contends that in the light of the contents of the statement of the abductee recorded under section 164, Cr.P.C. no offence punishable under section 11 or under section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 is made out. He has also placed reliance on the contents of Annexure 'C' a photo copy of the application submitted by Mst.
Rashida, mother of the abductee, against the complainant and his brothers for the recovery of Mst.
Amiran, the abductee. This application was marked for necessary action by S.D.P.O. Kabirwala on 11-5-1982 to S.H.O. Kabirwala. It is stated in this application that after the death of the husband of Mst. Rashida, she (Mst. Rashida) and her five daughters including Amiran Bibi, the abductee, were looked after by the petitioner who also arranged their marriages.
7. In the light of the contents of the statement of Mst. Amiran Bibi, the abductee, recorded under section 164, Cr.P.C., soon after her recovery, and without expressing my opinion regarding the merits of the case, I admit the petitioner to bail in the sum of Rs,20,000 (Rs, Twenty thousand only) with one surety in the like amount to the satisfaction of A.C. Kabirwala.