' Ijaz Hussain Shah, Ghulam Sarwar Shah and Ghulam Shah have moved this petition for post- arrest bail in case F.I.R. No,113 of 1994, dated 25-3-1994 under section 11 of Offence of Zina (Enforcement of Hudood) Ordinance, VII of 1979 with Police Station Ichhra, Lahore.
2. As per F.I.R. On 23-5-1994, Mst. Perveen Akhtar came to the house of the complainant alongwith his brother Ijaz Hussain Shah and asked Roshan Ara to accompany them. Gulshan accompanied them but did not return home till evening. The complainant alongwith his wife Asmat Ara went in search of their daughter and contacted Perveen Akhtar who could not satisfy them. On search Faheem Riaz and Naveed Ahmad told the complainant that their daughter was seen alongwith Azam Hussain, Ghulam Sarwar and Ijaz Hussain Shah.
3. In support of the petition learned counsel argued that the alleged abductee has contracted marriage with Azam Hussain co-accused on 20-11-1993 while the F.I.R. Was got registered on 25-3- 1994. He submitted that after marriage, Mst. Gulshan Ara visited her parents who did not then allow her to join the husband. Azam Hussain co-accused filed a suit for restitution of conjugal rights before the Judge, Family Court, Bahawalpur on 23-4-1994. In the said suit, Gulshan Ara appeared and made a statement to the effect that she was married 7/8 months ago. She remained in the house of Azam Hussain for 5/6 months. On a dispute over dower amount, she went to her parents and now a compromise has been effected. She prayed for disposal of the suit for restitution of conjugal rights according to compromise. He lastly contended that the petitioners are behind the bar since 25-3-1994 without having any active role in the commission of offence.
4. Learned counsel for the complainant opposed the bail on the ground that Mst. Perveen co- accused of the petitioners is absconder; whereabouts of the alleged husband Azam Hussain are not known and none has joined the investigation. Nikahnama is also alleged to be a forged document.
5. I have heard the arguments advanced by the learned counsel for the parties and have perused the record.
6. Admittedly, Mst. Gulshan Ara, the alleged abductee appeared before the Judge, Family Court at Bahawalpur and made a statement on 13-6-1994 to the effect that she has joined Amin Hussain, her husband and the suit was accordingly disposed of. According to complainant, Gulshan Ara is aged about 18/19 years. She has contracted marriage with her own accord. The principal accused having been declared absconder, no useful purpose will be served by keeping the petitioners behind the bar for indefinite period. This being so, the petitioners are directed to be released on bail subject to their furnishing bail bonds in the sum of Rs,30,000 each with two sureties each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Lahore.