' This order shall dispose of two bail applications namely, Cr.Misc.No.1666-B-87 filed by Ata Muhammad and the other Criminal Misc. No.1664-B of 1987 filed by Muhammad Waris, as they arise from the same FIR No.276 dated 4-11-1986, under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at Police Station Khushab.
2. Learned Sessions Judge, Khushab, declined the bail plea of the aforesaid petitioners, hence this application. '
3. FIR in this case has been lodged by Faiz Muhammad, father of Mst. Kausar Parveen, the prosecutrix. According to him Mst. Kausar Parveen had been abducted by the two petitioners.
During the investigation, the prosecutrix was found in the .Company of the two petitioners at bus- stand Khushab on 7-11-1986 by the Police. She was recovered and the petitioners were arrested.
The prosecutrix in her statement under section 164 Cr.P.C. Recorded by local Magistrate on the next day, stated that the petitioners had taken her alongwith them on the pretext of attending a marriage party at Sargodha. Since the petitioners were known to her personally, therefore, she readily accompanied them. They took her in a car to Wazirabad, where she asked them to take her back who accordingly brought her back and were secured by Khushab Police at the bus stand. She did not make any allegation of rape against the petitioners. Her medical examination also reveals that she is still virgin. Since no excesses had been made by the petitioners on the prosecutrix, therefore, the question whether the ingredients of offence of abduction have been satisfied in this case or not, needs further inquiry. Consequently, I feel that the petitioners have good case for bail.
This petition is thus allowed. Ata Muhammad and Muhammad Waris petitioners shall be released on bail subject to their furnishing bail bonds in the sum of Rs.10,000 each with one surety each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Khushab.