ORDERRASHID AZIZ KHAN, J.- A case under sections 10/11 of Offence of Zina (Enforcement of Hadood)
Ordinance, 1979. Stands registered against the petitioner and some others, with Police Station Saddar Chinniot. The allegations as contained in the FIR are that on 20.4.1987, the first informant along with his wife Mst.Sakina Bibi were coming towards their village. When they reached near Pindi Bhattian the petitioner along with others while armed with fire-arms came and tied the hands of the first informant, and threw him in a pit after taking Rs.3,000 - out of his pocket. Thereafter, they abducted the first informant.
It is contended by learned counsel for the petitioner that the occurrence is alleged to have taken place on 20.4.1987 but the case was got registered on 23.1.1988. No explanation with regard to this delay has been given. Submits that the petitioner's the husband of Mst. Sakina Bibi, therefore, no offence as such has been committed by him.The petition has been opposed by the learned counsel for the state.
2. I have heard learned counsel and perused the record.There is no explanation given by the first informant why he got the case registered with the delay of almost 9 months.I had enquired from the investigating officer who has admitted that during investigation the statement of Nikah Khawan was recorded who stated that he had performed the Nikah of the petitioner with Mst.Sakina Bibi the alleged abductee.In these circumstances,I feel the case of the petitioner is of further inquiry. Therefore, he is allowed bail in the sum of Rs.25,000/- with two surties, each in the like amount, to the satisfaction of A.C/Duty Magistrate,Saddar Chinniot.