JUDGMENT MIAN GHULAM AHMED, J.- Sabir Ali complainant has moved this petition for cancellation of bail, allowed to Maroofan Bibi and Hanifan Bibi daughters of Qamar Din, involved amongst others as accused in a case u/s 11, Offence of Zina(Enforcement of Had) Ordinance VII, 1979, registered on 5.8.94 at P.S. Sadar Renala Khurd, District Okara. Learned Sessions Judge Okara, Ch. Muhammad Saeed had granted bail to the ladies on 1.10.94.
2. Sabir Ali's daughter Nasreen Bibi, aged about 15/16 years, was allegedly enticed away by the complainant's cousin (paternal uncle's son), Abdul Sattar alias Raja, with the help of his family members, who were stated to have taken away Nasreen with them outside in the fields, from where Abdul Sattar alias Raja, Abdul Razzaq alias Chirya and Taj Din, sons of Badar Din, removed the girl in a car, within the view of Muhammad Boota and Haji Niaz Ahmed PWs. The unfortunate incident occurred on 17.7.1994. The girl is untraceable so far.
3. On behalf of the accused, respondents in this petition, it has been stated that, to their knowledge, Nasreen Akhtar is living as a legally wedded were with Abdul Sattar, but they are un-aware of their present abode.. The SI in attendance says that he has made efforts to find out a clue of the missing girl, but has not been successful Abdul Sattar's sisters Hanifa and Maroofa and bhanji Shagufta were declared innocent by the DSP CIA, it may be pointed out.
4. Learned Sessions Judge appears to have rightly been influenced by the delay of 18/19 days in the registration of the case, and particularly the circumstance of Maroofan and Hanifan having in their laps suckling babies, in finding himself inclined to grant bail to the female accused, facing a charge u/s 16 ibid, carrying a maximum punishment of 7 years, not covered by the prohibitory clause of Section 497 Cr.P.C. Undoubtedly Abdul Sattar is the principal culprit. Grievance of the complainant as regards inability of the police in recovering the abductee and refusal on the part of the co-accused to reveal whereabouts of Sattar and Nasreen is understandable indeed; but the female accused, I do not think, would be of any help to the investigating agency, in the matter of recovery of the girl It is hoped that the police will try its best to get a clue of the girl and make her recovery before long. Abdul Sattar ought to be arranged for an offence under the Hudood Laws; but as the role of the female accused in the matter may not be that material, and they have to feed small children, they seem to be entitled to continue enjoying liberty, and the complainant has no case for cancellation of their bail The application is rejected.