Learned counsel for the petitioners has contended that the arguments advanced at the time of admission of the revision petition are valid for taking into account the petition for granting them bail. It is contended that in view of the admitted delay in lodging the F.I.R., the relationship of the P.Ws. Inter se and the fact that offence under section 365, P.P.C. May not be made out when the allegations is that the abductee was the wife of the brother of one of the accused, there is every possibility that the conviction or at least the sentences of the petitioners under section 395, PPC may not be maintained. 1t is further contended that the petitioners have already suffered sentence of stripes and so have undergone the hardship of bearing the flogging and that even if this revision petition is accepted there will be no compensation so far as the sentence already suffered is concerned and that any further hardship of undergoing the imprisonment will only add to the misfortune of the petitioners. He has submitted that the petitioners are admitted in the jail hospital because of flogging.
2. Learned counsel for the State and the complainant have contended that the statutory period of six months has not yet passed and that there is enough evidence to support the conviction of the petitioners.
3. I have considered the arguments of the learned counsel for the parties. The petitioners have already suffered one sentence, i.e. Flogging. There is force in the contention of the learned counsel for the petitioners that even if this revision petition is accepted it will be no compensation so far as the sentence of stripes already suffered is concerned and that their further detention will only add to their misfortune. The revision petition even otherwise is not likely to come up for hearing in the near future. I feel inclined to exercise my discretion in favour of the petitioners. The petitioners shall be released on bail provided they furnish bail bonds in the sum of Rs.20,000 with one surety each in the like amount to the satisfaction of the Assistant Commissioner, Sargodha.