TANV1R AHMAD KHAN, J.- The petitioner have applied for post-arrest bail in a case registered vide FIR No. 155 on 23.9.1992 under sections 10/16 of the offence of Zina (Enf. Of Hudood) Ordinance VII of 1979 at Police Station Sabs Pir, for an alleged occurrence stated to have taken place on 15.9.1992.
2. The FIR in this case was lodged at the instance of Muratab Ali for the alleged abduction of his wife Mst. Ismat Bibi by one Khalid Hussain who earlier cultivated illicit liaison with her. The allegation against the petitioners is that they facilitated the abduction and were seen by the witnesses while the said Khalid Hussain was taking away the lady. It is further alleged in the FIR that while abducting the lady, the miscreants also took away Rs. 4000/- in cash and golden ear rings weighing one tola.
3. Learned counsel has sought bail on the ground that there is a delay of more than 8 days in the recording of the FIR and the petitioners have been named in a malafide manner out of enmity. The main allegations, according to the prosecution version, are against Khalid Hussain since absconded and they have simply been implicated because of their relationship. It is further argued that the alleged abductee in her statement under section 164 Cr.P.C, recorded oil 17th of October, 1992 had completely disowned the prosecution version.
4. The learned State counsel has not seriously opposed the grant of concession of bail.
5. I have given my anxious consideration to the entire case of the prosecution. It is noticed that the petitioners were arrested in this case as far back as on 15th of April, 1993 and till date the challan has not been submitted. No allegation of zina has been levelled against them. There is a delay in the recording of FIR which has not satisfactorily been explained. The main allegation is against Khalid Hussain who, according to the prosecution version, had intimate relations with Mst. Ismat Bibi. In these circumstances, I am of the view that the petitioners have made out a case for bail.
Resultantly, they are admitted to bail provided they furnish bail bonds in the sum of Rs. 50,000/.- each with two sureties each, in the like amount, to the satisfaction of A.C./Duty Magistrate, Sialkot.