' On request of Mr. Maqbool Elahi Malik, the learned Advocate-General, in exercise of my suo motu powers, notices were issued to Nazer Hussain son of Yaqeen Shah, Amanat Ali son of Nazer Hussain, Arshad Ali son of Mubarik Ali, Tariq Mahmood son of Murad Ali, Mst. Ruqqia Bibi daughter of and Mst.
Hanifan Bibi wife of Ibrahim to show cause as to why the bail allowed to them by the learned Additional Sessions Judge, Sheikhupura, be not cancelled. In obedience to the show-cause notices issued to them, the said respondents have entered appearance before this Court. It may be recalled that a criminal case under section 11 of the Offence of Zina (Enforcement of Hudood)
Ordinance, 1979 was registered against the respondents on the statement of Muhammad Ibrahim with Police Station Sangla Hill, District Sheikhupura on 7-4-1992. The allegation was that they abducted Mst. Maqsoodan Bibi aged about 14/15 years by adopting deceitful means.
2. It is submitted by the learned counsel with vehemence that the respondents are innocent inasmuch as several people of the locality have sworn affidavits about their innocence. It is also stated that they have absolutely no concern in respect of abductee Mst. Maqsoodan Bibi. Learned counsel relies upon Ghulam Ali v. The State 1989 P Cr. L J 667, Muhammad Sharif v. The State 1989 P Cr. L J 731 and Rahim Khatoon v. The State 1989 P Cr. L J 1861 in support of his plea.
3. Mr. Farooq Bedar, learned Additional Advocate-General has appeared on behalf of the learned Advocate-General to assist the Court on the question of recalling the bail allowed to the accused/respondents. It is argued by the learned Law Officer that the respondents are named in the F.I.R. With specific roles in the commission of the crime. He contends that the abductee is still to be recovered and that she is being concealed by the respondents and that Zina was being committed with her by the accused. It is also stated that one of the accused, namely Nazer Hussain stated before the Punchayat of the village that he would pay Rs,15,000 in case he could not produce the abductee. In such a situation reasonable grounds do exist to believe that the accused have committed the offence.
4. After hearing the learned counsel for the parties, I am of the view that the learned Additional Sessions Judge did not exercise his discretion properly and rightly in allowing bail relief to the accused/respondents. The abductee is yet to be recovered by the police. It may be recalled that contempt notice was also issued to Mr. Rashid Ahmad, D.S.P. Sangla Hill as to why he failed to comply with the order of this Court for the recovery of the abductee despite his commitment. At one stage, he made a statement that he would recover the girl within 20 days. He, however, failed to do so because the accused did not render cooperation to him in that behalf. The accused have thus misused the concession of bail allowed to them. In the circumstances, this appears to be a fit case if bail allowed to the male respondents is cancelled. It is ordered accordingly. I am, however not persuaded to cancel the bail allowed to Mst. Ruqqia Bibi and Mst. Hanifan Bibi. The petition is accordingly disposed of.