ORDER AHMAD SAEED AWAN, J.- Muhammad Hanif, petitioner, has moved this application for the cancellation of to the respondents by the learned Addl: Sessions Judge vide order dated 31.8.1994 in a case FIR No. 197/94 under section 11/13 of the Offences of Zina (Enforcement of Hudood)
Ordinance VII of 1979.
2. The prosecution case as per PIR is that the respondents alongwith co- accused enticed away Mst. Rani Bibi sister of the complainant for prostitution.
3. In support of the petition, it was argued by the learned counsel that the offence with which the respondents stands charged falls within the prohibitory, clause and that the learned Addl: Sessions Judge while granting pre-arrest bail exercised the discretion arbitrarily.
4. Learned counsel for the State does not oppose the order of the learned Addl: Sessions Judge to the extent of Mst. Sughran Bibi respondent.
5. I have heard the arguments advanced by the learned, counsel for the parties and have perused the record.
6. The only allegation against respondents is that they were seen in the company of alleged abductee while boarding-in a bus. Further, Mst. Rani, the alleged abductee was not recovered from the respondents. There is nothing on record to connect the respondents with the commission of offence except the statement of complainant. The learned Addl: Sessions Judge was right in observing that no overt act as envisaged, under section 11/13 Offences of Zina (Enforcement of Hudood) Ordinance VII of 1979 is prune facie attributed to the respondents. There is no good ground to interfere in the discretionary order passed by the learned Addl: Sessions Judge.
Dismissed.