TASSADUQ HUSSAIN JILANI, J.- Petitioners alongwith two others are involved in a case u/s 11/18 Enforcement of Zina (Hudood) Ordinance, 1979 registered vide F.I.R. No.15? Dated 4.4.1994 PS.Sumandari, District Faisalabad.
2. Prosecution story briefly stated is that the petitioners alongwith their co-accused made an attempt to abduct Mst.Rukhsana aged about 13 years from her school. Leamed counsel for the.Petitioner contends that there is a delay of two months in lodging the FJ.R., that the Headmistress of the School has controverted the prosecution story vide an affidavit which is annexure D with the petition, that there is previous litigation between the parties, that a case was registered by Atta(who is complainant in the instant case) vide FJ.R. No.26 dated 23.1.1994 u/s 325/354 against the accused party, that there is a dispute between the parties over landed property, that MstJRukhsana is closed relation of Asif petitioner and Muhammad Hussain co- accused, that petitioner No.1 is aged about 14/15 years, that petitioner Farooq is not named in the FJ.R., that offence u/s 363 PPC does not fall in the prohibitory clause of Sec 497 Cr.P.C.
3. Leamed counsel for the State has opposed the petition however, he concedes that offence u/s 11 of(Enforcement of Zina) Ordinance, 1979 is not made out and that Asif is a close relation of Atta complainant.
4. I have heard leamed counsel for the parties. There is a delay of two months in lodging F.I.R, which has not been explained. Previous litigation and dispute over some landed property is not denied.
Even the Headmistress of the School through an affidavit has controverted the prosecution story as stated in theF.I.R. The offence with which the petitioner has been charged does not fall within the prohibitory clause of Section 497 Cr.P.C., Co-accused have already been granted bail Under these circumstances, I am inclined to admit the petitioner to bail provided he furnishes bond in the sum of Rs.10,000/- with one surety each in the like amount to the satisfaction of A.C. Sumandari.