' Brief facts of the case are that a case F.I.R. No,54, dated 9-7-1995 under section 10/16, Offence of Zina (Enforcement of Hudood) Ordinance, 1979 was registered at Police Station Lawa, District Chakwal, on the report lodged by the complainant Muhammad Khan son of Atta Muhammad.
2. According to the contents of the F.1.R. Mst. Nazir Fatima sister of the complainant who married with one Muhammad Khan son of Yaran Khan came to his house on 4-7-1995. At noon time, she went out to ease herself but she did not come back. After some time, the complainant started search for her. During that course, one Ghazni Khan told him that he saw Mst. Nazir Fatima and Yaran Khan boarding on a bus. He stated in the F.I.R. That they have been searching for Mst. Nazir Fatima. On 8-7-1995 he received information that Mst. Nazir Fatima was presenting the Police Station Joharabad. On this he along with Yaran Khan and Muhammad Khan went to the Police Station Joharabad, where Mst. Nazir Fatima was present. She told him that when she went out to ease herself, Yaran Khan met her on the way. She further deposed that she was defrauded and taken away to different places where she subjected to sexual intercourse under threat. According to her when they reached Joharabad, she had apparently run away to the Police Station Joharabad. Yaran Khan son of Roshan Khan also got her jewellery, which was in her possession at that time. Lastly, she stated that she was subjected to Zina-bil-Jabr and for that illicit purpose she was abducted.
3. During investigation the accused was found guilty and arrested. He applied for bail which was dismissed vide order, dated 9-8-1995. Thereafter, he filed second bail application which was also dismissed vide order, dated 13-9-1995.
4. Through the present petition, learned counsel for the petitioner seeks bail for the petitioner on the grounds that the petitioner is innocent and had been falsely implicated due to enmity; that he is behind the bars for the last four months; that the petitioner is of 70/75 years old; that there are many contradictions in the statement recorded under section 164, Cr.P.C. And the F.I.R.; that there is a considerable delay in lodging the report and also recording the statement of the alleged abductee; and that she had a bad character.
5. Bail petition has been opposed by the learned counsel for the State on the grounds that the petitioner had abducted a woman and subjected her to sexual intercourse under threat; and that the petitioner had committed heinous offence, hence he is not entitled to bail.
6. Arguments heard and record perused. The allegation against the petitioner is of a serious nature.
Allegedly, he abducted a woman and kept her for subjecting illicit intercourse at different places.
Whether she has a good character or bad, the offence of Zina stand made out. Resultantly, a case was registered and brought before the Court for trial.
7. Without making much comments on the merits of the case, it is not a fit case for grant of bail.
Hence the bail petition is dismissed. This order shall not affect the merit of this case at the time of trial.