' Heard.
2. This is an application for bail on behalf of Mst. Karim Khatoon, against whom and others, a case under sections 16 and 10(3) of Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979, stands registered at Police Station Naushera Jadeed, vide F.I.R. No,22 of 1997, dated 26-2-1997, lodged by mother of Mst. Bhirawan alleged abductee.
3. Allegations are to the effect that she was taken away with intent to have illicit intercourse.
4. Learned counsel for the petitioner has canvassed that Mst. Karim Khatoon neither related to Sahib Yar, principal accused, nor has any concern with him inasmuch as, she has been falsely roped in. According to him, no role has been ascribed to her and even facilitation of crime is not attributed to her. Delay of 2-1/2 months in lodging F.I.R., which of course, set the law into motion and termed serious and inordinate has also been pointed out to stress that the case is shrouded with and wrapped in mystery.
5. Sadiq Muhammad and others v. The State 1983 PCr.LJ 2159, Sultan v. The State 1995 PCr.LJ 625, Shahnaz Akhtar v. The State 1991 PCr.LJ Note 176 and 1986 PCr.LJ 2292 have been referred to contend, inter alia, that the petitioner is entitled to bail as her case does not fall ' within the prohibition contained in subsection (2) of section 497, Cr.P.C. And, in any event, allegation, at the best, against her is of abetment and instigation.
6. It has been opposed vigorously be learned counsel for the complainant with the assertions that the petitioner was instrumental in whole affair inasmuch as same resulted in abduction of Mst.
Bhirawan. According to him, facilitation of crime on the part of the petitioner is so vivid that she is not at all entitled to the concession asked for. It has been further pointed out that she stand duly nominated in F.I.R. With specific and distinct role.
7. Learned counsel representing the State has resisted the petition on the plea that alleged abductee has not so far been recovered and active participation of petitioner in the commission of crime is spelt out.
8. Delay of not less than 2-1/2 months in reporting the matter to police is neither denied nor any plausible explanation, thereto, has even been furnished. A This aspect cannot be lightly ignored.
Even otherwise, relationship or any other connection of Mst. Karim Khatoon with principal accused has nowhere been indicated or hinted at.
9. Be that as it may, fact remains that only allegation against her is that of facilitation of abduction.
But no specific role with regard thereto is even borne out of F.I.R. In terms thereof, she was on bank of canal and had returned to her house therefrom. In that event too, the petitioner, is entitled to bail in consonance with enunciation in authorities referred to above and galaxy of ruling on the point.
10. Admittedly, the case is at the stage of investigation and finalization thereof, what to speak of commencement or conclusion of trial, cannot be taken CC to be in sight.
11. In these circumstances, the petitioner, whose case otherwise, is I undoubtedly covered by "proviso" to section 497, Cr.P.C. Cannot be allowed toincarcerate for an indefinite period.
12. Consequently, application is allowed and the petitioner is admitted to bail in the sum of Rs,50,000 with one surety in the like amount to the I E satisfaction of learned Sessions Judge, Bahawalpur.