Jiwana petitioner herein stands arrested under section 10/16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 on the allegation of having abducted and raped Mst. Faiz Mai wife of Fazal Din complainant in case F.I.R. No.54 dated 29-1-1991 Police Station Sadar Sadiqabad. It was mentioned that Mst. Faiz Mai and the petitioner were rounded up by Karachi Police on 11-6-1991. The Karachi police sent Mst. Faiz Mai abductee to Dar-ul-Aman, whereas the petitioner herein was sent to jail. Sadiqabad Police, however, got transferred the petitioner to District Rahimyar Khan on 1-8- 1991 and also brought Mst. Faiz Mai from Darul Aman Karachi the same day. She in her statement under section 164, Cr.P.C. Implicated the petitioner. Mst. Faiz Mai has been made a witness in the case.
2. The petitioner's bail plea was declined by the lower Court, hence this petition
3. I have heard learned counsel for the petitioner as well as for the State and have perused the record.
4. The petitioner is in jail for more than three years (sic). The challan has been sent to the Court. The abductee has been recovered. The question whether the petitioner has abducted and raped her, would need further inquiry because of the fact the F.I.R. In this case was lodged with a delay of nine months. In this view of the matter I allow this petition. The petitioner shall be released on bail subject to his furnishing bail bond in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of the trial Court, during the pendency of the trial Court.
N.H.Q./J-16/L