ORDER KHALID PAUL KHAWAJA, J.- On 24.4.1995 at Police Station City Lodhran a case under section I6 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 was registered against Zia Hussan Hasni, ' is brother Ijaz Hussan alias Pomi and sister Mst. Shahla at the instance of Ghulam Shabhir complainant. It was alleged that on 16.4.1995 the aforesaid accused had abducted Mst. Shahida Parveen sister of the complainant through deceitful means and when the complainant contacted them for the return of his sister they refused to do so.
2. Mst. Shahida Parveen the abductee was recovered on 17.5.1995. Her statement under Section 161 Cr.P.C, was recorded in which she deposed that she had illicit relations with Zia Hussan Hasni her brother-in-law and that as a result of the said relations she had become pregnant, She was arrested on the same day as an accused in this case.
3. Zia Hussan Hasni accused, petitioner herein, who was arrested on 17.5.1995, has applied for his bail.
4. I have heard the parties' learned counsel and have also gone through the record.
5. The petitioner is behind the bars for the last more than one year. The offences charged against him are not punishable with death. Challan against him has been submitted in Court but trial has not commenced. In this view of the matter the petitioner is entitled to the grant of bail under third proviso to Section 497 Cr.P.C.
6. Lal Muhammad and Mst. Kausar Parveen have submitted their affidavits which are to the effect that Mst. Shahida Parveen the alleged abductee was wife of the said Lai Muhammad and that she had given birth to a girl out of the said wedlock and that Zia Hussan Hasni had not committed zina with her. Mst. Kausar Parveen is the sister of the abductee and wife of the petitioner. In view of these affidavits it becomes a case of further inquiry. Consequently the petitioner is admitted to bail in the sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the Ilaqa Magistrate, Lodhran. The learned trial Court is directed to dispose of the case within for months under intimation to the Addl. Registrar (Judl.). Lahore High Court, Lahore.