Muhammad Rafiq Tarar, J.-Muhammad alias Mammi petitioner has moved this petition for bail in a case registered against him and another under Articles 10 and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
2. The petitioner is the maternal-cousin of Shameer complainant. The prosecution version is that six or seven days prior to 14th May, 1986 the petitioner took away Mst. Jindan, wife of this complainant, with complainant's permission. She did not return till evening. The complainant searched for her and during the course he was informed by Amir and Farid that she was going in the company of the petitioner and co-recused Saeed Ahmad. The complainant then reported the occurrence to the police on 14th May, 1986.
On 14th May, 1986 Mst Jindan made a statement under section 164 Cr, P. C. Wherein she alleged that the petitioner and his co-accused took her to Jhang from where the petitioner slipped away and his co-accused Saeeda took her to Samunderi where he kept her for 10/12 days. From the e he was taking her to some other place but on the way she raised alarm and the police apprehended her and aforesaid Saeeda. She further alleged that Saeedu had ravished her thrice.
3. I have heard the learned counsel for the parties. There is no allegation of zina or Zina-bil-Jabr against the petitioner. The offence under Article 16 of the Offence of Zina (Enforcement of Hudood)
Ordinance, 1979, does not fall within the prohibitory clause of section -97 Cr. P. C. I, therefore, admit the petitioner to bail in the sum of Rs 20, 000 with two sureties in to like amount to the satisfaction of Assistant Commissioner, Jhang.