I have directed the counsel to produce certified copy of the order, whereby co-accused Akbar, against whom the allegation is of rape as well, has been admitted to bail. To come up on 15-12- 1985.
Niamat petitioner alongwith others is involved in a case under Articles 10 and 11 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979. He has moved this petition for bail.
2. The facts of the prosecution case need not be repeated here as the same have been detailed in my order, dated 12-11-1985 passed in Criminal Miscellaneous No. 2556-B of 1985, filed by Muhammad Irshad complainant against Akbar a co-accused of the present petitioner. It may, however, be mentioned that the allegation against the petitioner is that he and his co-accused Akbar forcibly took away Mst. Kalsoom to the house of Ashraf contractor under threats of death where the petitioner and co-accused Asghar committed Zina-bil-Jabr with her. Her thumb- impressions were obtained on a Nikahnama on pistol point and ultimately a police party recovered her from the custody of the petitioner.
3. Learned counsel for the petitioner contends that there is a delay of 2/3 days in lodging the F.I.R.; Mst. Kalsoom filed a writ petition in this Court in which she stated that she had contracted marriage with Niamat petitioner of her own free will; the petitioner is in jail for the lust eight months and his trial is not in sight so far. The learned State counsel has opposed' the prayer for bail.
4. I have gone through the relevant material and given my careful consideration to the submissions made by the learned counsel for the parties. The complainant has explained the delay in the F.I.R. Saying that he had been requesting the relatives of the accused persons for the restoration of Mst. Kalsoom. In her statement under section 164, Cr.P.C. Mst. Kalsoom clearly stated that her thumb impressions ors the A Nikahnama were obtained under threats and the petitioner had been committing Zina-bil-Jabr with her. The question whether the writ petition was in fact filed by Mst. Kalsoom, the alleged victim, is, yet to be established. A police party, recovered her from the custody of the petitioner. In the circumstances, I am not inclined to admit the petitioner to bail. The petition is dismissed.