' This is an application for grant of bail to Talib Hussain petitioner in a ease under section 10/11 of the Offence of Zina (Enforcement of Hadood) Ordinance, 1979, registered at P.S. Samundari, vide FIR No,283 dated 21-8-1984.
2. The prosecution case is that the petitioner and 11 others abducted Mst. Rukhsana and Mst.
Farzana, the daughters of Nazir Ahmad on 24-6-1984 and thereafter, committed Zina-bil-Jabar with them. As far the petitioner it has been alleged that he not only abducted two girls but also committed Zina-bil-Jabar with Mst. Rukhsana.
3. Learned counsel for the petitioner submits that the 11 co-accusedare on bail and that the petitioner was not a proclaimed offender. Conversely, the learned counsel for the State has opposed this application .
4. I have considered the submissions made by the learned counsel for the parties with care. .I feel persuaded to agree with the learned counsel for the petitioner. I find that there is a delay of two months in lodging the FIR; that the 11 co-accused whose case is identical with that of the petitioner are already on bail; that the DSP. Karachi ' has issued a certificate to the effect that the petitioner/Head Constable Talib Hussain remained on duty till 8-1-1987 which prima facie shows that he was not an absconder.
5. For what has been said above, without making expression of pinion lest it may prejudice the merits of the case, I am of the view hat a case for grant of bail to the petitioner is made out. He, is B herefore, allowed bail in the sum of Rs,20,000 with one surety in he like amount to the satisfaction of A .C/Duty Magistrate, Samundari.