1. The petitioner stands charged under section 16/10 of the Offence of Zina (Enforcement of Hudood)
2. Ordinance, 1979, vide F.I.R. No,245 of 1996 dated 6-8-1996 alongwith Mst. Rajan Bibi and Muhammad Nawaz, for abducting Mst. Sakina Bibi daughter of complainant Qasim Ali and thereafter, subjecting her to Zina-Bil-Jabr.
3. 2.It is submitted by learned counsel for the petitioner that there is a delay of 20/25 days in lodging the F.I.R., that alleged recovery of Mst. Sakina Bibi had not been effected from the petitioner, that no statement of alleged abductees had been recorded under section 164, Cr.P.C., that even the medical examination of the alleged abductee had not been carried out, that the alleged abductee has again left the house of her parents and another complaint has been lodged against the present petitioner and others which has been filed by the Investigating Agency, that petitioner was arrested on 23-12-1997 and since then is in judicial lock-up. He, thus, submits that the petition may be accepted and the petitioner be admitted to bail.
4. 3.On the other hand bail application has been opposed by learned counsel for the State.
5. 4.A perusal of the F.I.R. shows that occurrence had taken place 20/25 days prior to the registration of the F.I.R. dated 6-8-1996. It is also evident from the record that statement of alleged abductee has not been recorded under section 164, Cr.P.C. and similarly he has also not been medically examined. Again, there is nothing on the record to show that alleged abductee was produced by the petitioner. The petitioner has been arrested on 23-12-1996 and since then is in judicial lock-up.
6. Again it has come on record that even after the registration of this case the alleged abductee Mst.
7. Sakina Bibi has again left the house of her parents and the complainant has again initiated proceedings against the petitioner and others and that the said complaint has been filed by the Investigating Agency being false. All these facts make the case of the petitioner open for further inquiry. Accordingly, petition is accepted and the petitioner is admitted to bail in the sum of Rs,25,000 with two sureties each in the like amount to the satisfaction of the Trial Court.