Accused Mohammad Saleem etc. Have secured .Bail in a case registered under section 6/10/11/16 of Ordinance No.VII of 1979.
2. Munsif Khan lodged a report with the local police of P.S.Haripur on 13-5-1991 and charged the accused-respondents for forcible abduction of his daughter Mst. Gul Zardan Bibi from his dwelling house situated in Mohallah Faqir Abad at 2 a.m. Night. The accused were allegedly seen by P.Ws.
Rehmat Din and Mohammad Akram (mentioned in the report) who arc residents of the same Mohallah. Later on accused Mohammad Saleem was arrested on 15-5-1991. A1 his pointation the police on the same day recovered Mst. Gul Zardan Bibi from a' hotel at Abbottabad. In the hotel record she was shown as wife of the accused. Mst. Gul Zardan was medically examined and found between 21-22 years of age and not virgin. No blood or semen stains were, however, detected on the clothes.
3. Mst. Gul Zardan Bibi when examined by the police under section 161, Cr.P.C. Did not name any person for abduction and adultery. She later on appeared before a Magistrate on the following day, made a statement under section 164, Cr.P.C. And charged accused Muhammad Saleem for committing sexual intercourse with her by force at different places after her abduction including the hotel from where she was recovered on the preceding day.
4. The factum of adultery is proved by the medical evidence. The controversy that Mst. Gul Zardan Bibi being a major girl had gone with the accused at her own accord and was a consenting party to the events is open to question and may be solved when some evidence is recorded in trial. At this stage I find the statement of the victim girl duly recorded by a Magistrate wherein she has charged accused Mohammad Saleem for committing Zina-bil-Jabr at different times and places after her abduction from the house of her parents. The grant of bail to accused Mohammad Saleem in a case like this, in the circumstances, cannot be justified. The same is recalled at the request of the complainant. Accused Mohammad Saleem may be taken into custody.
5. The request for cancellation of bail of the co-accused, in view of the role attributed to them in the case, would be declined.