Abdul Sami, complainant, reported at Police Station Kabirwala, that on 10-3-1984 he took his father Abdul Rahim to Kabirwala for treatment. When he returned home in the evening his sister Naheed informed him that Muhammad Mushtaq alias Mithu, petitioner, their close relative, had enticed away his sister Mst. Najam-un-Nisa aged 17/18 years on the pretext that she had been called by her father Abdul Rahim at Kabirwala. He was later informed by Muhammad Siddiq and Ghulam Mustafa P.Ws. That they had seen Mst. Najam-un-Nisa, abductee, going in the company of the petitioner in Car No. LHE-9375 driven by Nazir Ahmad driver. It is alleged that the complainant had made hectic efforts for the restoration of the abductee but did not succeed and, therefore, lodged the report with Kabirwala Police on 22-3-1984. Motive in the F.I.R. Was stated to be that the petitioner had abducted Mat. Najam-un-Nisa at the instance of Zia-Ullah, Atta Ullah and Abdul Ghafoor against whom they are contesting a murder case.
2. During the investigation the petitioner was arrested and the abductee was recovered from his custody on 25-3-1984 in the area of Police Station Sarai Saddu while they were travelling in the aforesaid car. It may be mentioned that neither the car was seized nor is driver was arrested on that date.
3. The petitioner applied for the grant of bail in the Court of Additional Sessions Judge, Multan which was declined on 9-5-1984, hence this petition. I have heard learned counsel for the petitioner as well as for the State and also perused the record.
4. According to learned counsel for-the petitioner the case is false as serious enmity exists between the parties and two real brothers of the complainant, Mat. Najam-un-Nisa, abductee, are involved in a case under section 302/34, P.P.C. For the murder of Sana Ullah, cousin of the petitioner and brother of aforementioned Zia Ullah. Atta Ullah and Abdul Ghafoor above-mentioned.
According to him, the present case has been concocted in order to pressurise the petitioner to force his cousin Zia Malt and others to compromise in the murder case of Sana Ullah. It is further alleged that father of Mat. Najam-un-Nisa wanted to give her hand to Zia Ullah (brother of Sana Ullah, deceased) as bail for effecting of compromise in the said murder case and secure release of his two sons, who have been challaned in that case Mat. Nsjam-un-Nisa had given this story before Magistrate 1st Class, Shakargarh, vide her statement dated 27-3-1984: In that, she had also averred that nobody had abducted her. On the other hand, learned counsel appearing on behalf of the State assisted by complainant's learned counsel submitted that the petitioner is the principal accused against whom list. Naiam-un- 1033 Nisa has levelled direct allegation of abduction and rape in her statement recorded under section 164, Cr.P.C., by a and, therefore, on 27-3-1984 , he is not entitled to the grant of bail.
5. I have considered the arguments of learned counsel for the parties and also perused the record.
6. It is admitted that two brothers of the complainant stand challaned for the murder of Sana Ullah, a cousin of the petitioner. There is delay of about 12 days in lodging the F.I.R. With police. The abductee Mst. Najem-un-Nisa has made varying statements both implicating and absolving the petitioner. In these circumstances I am of the view that the question of guilt be otherwise of the petitioner requires further A probe in the meaning of subsection (2) of section 997, Cr. P. C.
Resultantly I allow this petition and direct the release of petitioner on bail provided he furnishes surety bonds in the sum of Rs.20,000 (Rupees, twenty thousand only) with one surety in like amount to the satisfaction of A.C./Duty Magistrate, Khanewal, during the pendency of this case. S. G. D.