' Ahmad Nawaz, complainant was married to Mst. Shahana 14 years before 17-8-1994. Out of the said wedlock the spouses were blessed with five issues, the youngest being a female aged 2 years.
Shabbir Ahmad co-accused was on visiting terms with Ahmad Nawaz, complainant. Saeed Ahmad and his wife Mst. Allah Wasai alias Mst. Kalsoom Wasso accused also visited the house of the complainant. Fifteen days before 17-3-1994 Shabbir Ahmad, co-accused as well as both the petitioners-accused are said to have taken Mst. Shahana on the pretext of making the purchases from the Bazar. At that time Muhammad Ramzan father of Mst. Shahana, is stated to be present in the house of the complainant. Mst. Shahana is alleged to have taken the cash amount and the ornaments with her. The efforts were made for the recovery/return of Mst. Shahana which remained futile. Eight days before 17-3-1994 some unknown person is said to have handed over a Photostat of Talaq Nama, dated 8-2-1994 said to have been got executed by the complainant whose stand is that the same was forged and fictitious. On the written complaint of Ahmad Nawaz complainant formal F.I.R. No,126, dated 20-8-1994 was registered at Police Station Bohar Gate, Multan under section 16/10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and after the investigation the police has added sections 420, 467, 468/471, P.P.C. Shabbir Ahmad principal accused was arrested who has been admitted to bail. Saeed Ahmad and his wife Mst.
Allah Wasai alias Mst. Kalsoom Wasso were arrested on 13-2-1996 whose bail plea has been rejected by the learned Sessions Judge, Multan on the grounds that they remained fugitive of law and that they are directly involved with the occurrence. The petitioners have filed this petition before this Court to try their luck to be admitted to bail.
2. I have heard the learned counsel for the petitioners as well as learned State Counsel and gone through the record before me. The main contentions of the learned counsel for the petitioners are that the principal accused has been admitted to bail and through the attraction of the rule of consistency these petitioners are also entitled to be admitted to bail. According to him there is no role of commission of Zina-bil-Jabr attributed to male accused-petitioner, Saeed Ahmad. He added that the ascendance of the petitioner-accused is not enough to deny the concession of bail to the petitioners as it may be that due to the fear of the police both the petitioners shifted their place of abode. On the contrary learned counsel for the State laid the emphasis that the names of the petitioners are mentioned in the F.I.R. Who took away the married lady Mst. Shahana for the purpose of commission of offence of Zina by the principal accused Shabbir Ahmad and thus they are not entitled to be admitted to bail especially when they remained fugitive of law.
3. After giving my serious considerations to the arguments addressed by the learned counsel for the parties, I am inclined to admit both these petitioners-accused to bail for my following reasons:- -
(i) Shabbir Ahmad principal accused has been admitted to bail by the Court of Session and through the attraction of the rule of consistency these A petitioners-accused are held entitled to bail with him in the same boat for the purpose of their admission to bail.
(ii) There is no role of commission of Zina through force or by consent attributed to Saeed Ahmad petitioner-accused. The said role has been ascribed to Shabbir Ahmad principal accused who has already been admitted to bail. Thus, both these petitioners have scored a valuable legal right.
(iii) The abscondence of the petitioners-accused should not be a hurdle for their admission to bail on the ground that sometimes the accused person(s) become the fugitive of law due to the apprehension of coercion which is effected by the police in such cases. Both the petitioners are husband and wife inter se an this aspect of the matter must have played the part about their disappearance. As such on the basis of this aspect of the matter and the aforesaid reason, I am not inclined to restrain myself from exercising the discretion in favour of the petitioners-accused.
(iv) Allah Wasai alias Mst. Kalsoom Wasso is a female whose case is also covered by the proviso to subsection (1) of section 497, Code of Criminal Procedure for the purpose of her admission to bail especially when Shabbir Ahmad principal accused has already been admitted to bail.
4. The cumulative effect of the aforesaid state of affairs and discussion is that it is a case wherein the petitioners-accused should be admitted to bail than to be retained in jail. I, therefore, accept this application and admit both Saeed Ahmad and his wife Mst. Allah Wasai alias Mst. Kalsoom Wassoo to bail in the sum of Rs,25,000 each with one surety each in the like amount to the satisfaction of the learned Sessions Judge, Multan with the direction to appear before the lower Court on every date of hearing failing which the to the petitioners-accused may be cancelled by the trial Court. The bail bond etc. Shall be added to the challan file.