' 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 case under section 11, Offence of Zina (Enforcement of Hudood) Ordinance VII, 1979, registered on 5-8-1994 at Police Station, Sadar, Renala Khurd, District Okara. Learned Sessions Judge, Okara, Ch. Muhammad Saeed had granted bail to the ladies on 1-10-1994.
2. Sabir Ali's daugher 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, son sof Badar Din, removed the girl in a car, within the view of Muhammad Boota and Haji Niaz Ahmed P.Ws. 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 wife with Abdul Sattar, but they are unaware of their present abode. The S.I. 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 Hanifan and Maroofan and Bhanji Shgufta were declared innocent by the D.S.P., C.I.A., it may be pointed out.
4. Learned Sessions Judge appears to have rightly been inflicted by the delay of 18/19 days in the registration of the case,, and particularly the A 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 under section 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.
Application rejected.