SH. ABDUL MANAN, J.- A case FIR No.20/94 dated 26.1.1994 under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 has been registered with police station Chauchak District Okara, for abduction of petitioner No.1 Mst. Munir Fatima and one Guddo; and the complainant in this case is Muhammad Aslam brother of petitioner No.1. Petitioners. No.1 and 2 earlier filed writ petition No.3/94 against the SHO and others and notice was issued with interim order that petitioners shall not be harassed. Thereafter according to the learned counsel, the aforementioned FIR has been registered which has also been challenged in Writ Petition No.1677/94 and that is pending disposal alongwith Writ Petition No.3/94.
2. This is a pre arrest bail application on behalf of six petitioners. Petitioners No.1 and 2 are claiming to be the husband and wife and petitioners No.5 and 6 are the parents of petitioner No.2 while petitioner No.4 is a witness to the nikah nama and petitioner No.3 is a stranger.
3. It is contended by the learned counsel that already two connected matters are pending in this court, therefore, bail be allowed to the petitioners. Reliance is placed on 1991 SCM R 322 State vs. Malik Mukhtar Ahmed Awan where it is held that "it is a matter essentially of propriety and not of law that a person accused of an offence should in the first instance move court of Session for pre- arrest bail before approaching High Court."
4. Mr. Irfan Qadir, Addl. Advocate General states that instead of grant of bail application it is appropriate that the same be decided after issuing notice to the SHO concerned.
5. The SHO police Station Chauchak District Okara, be directed to appear before this court alongwith relevant record.
6. Meanwhile petitioners shall not be arrested. To come up on 19.3.1994.