On 4-6-1989 at Police Station Nawankot Lahore a case under section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 was registered against Muhammad Arif, Mst. Zeenat Begum and Mst. Razia Akhtar petitioners at the instance of Muhammad Hayat complainant.
2. The complainant alleged that the abovementioned petitioners enticed away his wife Mst. Kubra Bibi, in his absence and without his Knowledge by misrepresenting that they would get her a job of a maid-servant in Dubai but in fact they had abducted her for the purpose of prostitution.
3. On 5-6-1989 Mst. Kubra Bibi abductee was recovered from the house of Mst. Zeenat Begum petitioner. In her statement under section 161 Cr. P.C. She stated that the three petitioners had misrepresented before her that they would provide her a job of a maid-servant in Dubai with a salary of Rs. 10,000 per month; that they got a fake passport and identity-card and sent her to Dubai with one Muhammad Nawaz; that on reaching Dubai Muhammad Nawaz aforesaid took her to the house of Shabbir alias Bashir who committed Zina-bil-Jabr with her; that therefore `Shabbir aforesaid used to bring a number of persons to his house who used to commit Zina with her after making payment to him; that on the third day one Shoukat came there and when she narrated the whole story to him he asked Shabbir to send her back; that on the following day she was made to board a Lahore bound aeroplane; that on reaching Lahore airport she was received by Mst. Razia Akhtar and Muhammad Arif petitioners who took her to their house and forcibly snatched away her passport etc. And that the petitioners threatened to sell her and told her that she could be returned to her husband if a sum of Rs. 50,000 was paid to them.
4. On 8-6-1989 Mst. Kubra Bibi abductee was. Produced before a Magistrate who recorded her statement under section 164 Cr.P.C. She reiterated her allegations in the said statement.
5. The petitioners were arrested on 5-6-1989 and after the necessary investigation were sent to the judicial lock-up from where they have applied for their bail.
6. I have heard the parties' counsel and have also gone through the record.
7. The record reveals that after the statement of the abductee sections 13 and 10 of the Offence of Zina (Enforcement of Hudood) Ordinance were also added. There, however, is no allegation of Zina against the present petitioners.
8. The statements of Shahadat and Mian Khan PWs coupled with the statements of Mst. Kubra Bibi abductee made before the police as well as before the Magistrate reveal that the petitioners had sent the abductee to Dubai for a nefarious purpose. She was in fact forced to indulge in prostitution by Nawaz and Shabbir who had liaison with the petitioners. As such there is sufficient material on record to connect the petitioners with the offences charged against them. The case of the two women accused namely Mst. Zeenat Begum and Mst. Razia Begum however falls within the purview of first proviso to subsection (1) of section 497 Cr.P.C. Mst. Zeenat Begun was pregnant at the time of her arrest. Learned counsel has informed me that she has given birth to a child in jail on 3-7--1989. Mst. Razia, Begum petitioner is also a young married woman and has children. In these circumstances, taking a lenient view, I admit them to bail in the sum of Rs. 25,000 each with one surety each in the like amount to the satisfaction of A.C./Duty Magistrate, Lahore.
9. As regards Muhammad Arif he has not been able to make out a case for his enlargement on bail.
Bail application on his behalf is dismissed.
S.A./M-1676/L