' Petitioner, Khan Zaman was charged for having committed an offence punishable under section 11/13/14, Hudood Ordinance vide F.I.R. No,801, dated 15-12-1994 registered at Police Station, Kaloo Khan, District Mardan. He applied to the Resident Magistrate, Kaloo Khan Hazrat Usman for bail but his bail application was rejected on 30-1-1995. Dissatisfied with the said order, the petitioner moved the Court of Additional District and Sessions Judge, Swabi, who too, rejected the same. Hence this petition.
2. I have heard Mr. Ashraf Khan Gadoon, Advocate learned counsel for the petitioner, and Mr. Khalilullah, Advocate learned counsel for the complainant and Syed Ahmad Ali, .Advocate learned counsel for the State and have gone through the rord of the case.
3. At the very outset the learned counsel for the petitioner stated that the petitioner's name does not find mention in the F.I.R. No,801 registered on 15-12-1994, wherein it had been specifically mentioned that one Amir Muhammad, resident of Palosai, had kidnapped Mst. Muslima. He further stated that the petitioner was made an accused after the statement of Mst. Muslima was recorded under section 164, Cr.P.C., on 22-1-1995. He further stated that the petitioner Khan Zaman, alongwith one Nokharai and Mir Muhammad was also involved in the present case because it was alleged by Mst. Muslima that after she was sold by accused Amir Muhmmad to accused Faqir Muhammad, he took her to Gujranwala and that the petitioner (Khan Zaman) alongwith Nokharai and Amir Muhammad had accompanied her to Gujranwala.
4. The learned counsel for the petitioner submitted that same role was attributed to Nokharai, in the statement of Mst. Muslima, who has been granted bail by the Additional Sessions Judge, Swabi vide his order dated 19-3-1995. The learned counsel for the petitioner stated that, in the circumstances, keeping in view, the principle of consistency in granting bail, the petitioner was also entitled to be enlarged on bail. He submitted that the main accused i,e,, Amir Muhammad (who allegedly sold Mst. Muslima) and accused Faqir Muhammad who allegedly purchased Mst.
Muslima have not been granted bail so far.
5. It is a fact, as is apparent from the record, that the role assigned to the petitioner is similar in nature to the role which was assigned to Nokheria and who has already been granted bail by the Additional Sessions Judge. As such the petitioner too is entitled to be released on bail on this score.
6. Besides this it may be stated here that it is yet to be established if the petitioner has played any active or positive role in the abduction of Mst. Muslima. At the moment there is nothing on the file to suggest that the petitioner is connected with the commission of the offence with which he has been charged. In the circumstances, without dilating upon the merits of the case at this stage, I am of the view that his case is that of further enquiry and, therefore, I admit the petitioner to bail.
7. The petitioner shall be released forthwith if not required in any other case, provided he furnishes bail bonds in the sum of Rs,1,00,000 with two sureties, each in the like amount, to the satisfaction of S.D.M./Senior Civil Judge, Swabi. The S.D.M./Senior Civil Judge, Swabi shall see that the sureties are respectable persons and belong to the settled area of Swabi District and are men of means having sufficient property in their names.