MUHAMMAD NASEEM CHAUDHRI, J.- Ghulam Muhammad complainant got recorded FIR No. 693 dated 14.11.1995 at Police Station City Shorkot District Jhang under sections 452/148/149 Pakistan Penal Code and under Section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 with the allegation that he married his son Manzoor (petitioner-accused) to Mst. Kalsoom Bibi daughter of Amir in exchange for his daughter Mst. Maryyam Bibi who was married to Abdul Sattar son of Amir. The 'rukhsati' had not taken place. Abdul Sattar wanted to divorce Mst. Maryyam Bibi and married some other lady. On 5.11.1995 at 8.00 p.m. He. Alongwith his wife Mst. Gullan and aforesaid Mst. Maryyam Bibi was present in his house. Allah Bakhsh son of Pehalwan, Kabir and Sher Muhammad sons of Allah Bakhsh, Haji, Nawaz, Saeed, Sajjad and Haq Nawaz residents of Mauza Karampur Tehsil Kabirwala District Khanewal came to his house. Saeed Ahmad intimated that they had arrived to divorce Mst. Maryyam Bibi and that they wanted to marry her with Ramzan son of Allah Bakhsh, but he (complainant) did not agree. All the persons who had arrived there were infuriated. They picked up his daughter Mst. Marryam Bibi forcibly and started towards the bus-stop in Kausarabad Colony. Their alarm attributed Ran Zulfiqar Ali and Muhammad Latif P.Ws.
They reached at the bus-stop in car and rescued Mst. Maryyam Bibi. Thereafter the FIR was got registered on 14.11.1995.
2. Manzoor Ahmad and Amir petitioners-accused are the sons of Ghulam Muhammad complainant. Muhammad Ramzan and Sher Muhammad petitioners are the sons of Allah Bakhsh mentioned in the FIR. This Allah Bakhsh is the real brother of Ghulam Muhammad complainant.
Nawaz petitioner 'Bhanja' of Ghulam Muhammad complainant. The petitioner were arrested during the month of April, 1997 whose bail plea has been rejected by the Learned Additional Sessions Judge. They have filed this petition to try their luck to be admitted to bail.
3. I have heard the Learned counsel for the petitioners as well as the learned counsel for the State and gone through the record before me. I am in full agreement with the, Learned counsel for the petitioners-accused who canvassed before me that the dispute at the bail stage has not been disposed of by the Learned Additional Sessions Judge in the true legal perspective. As projected above, the petitioners are closely related to Ghulam Muhammad complainant. Legally they could enter the house of the complainant being his close relatives. As such the attraction of section 452 Pakistan Penal Code is simply uncalled for. About the attraction of Section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 suffice it to express that it cannot be expected that two real brothers Manzoor Ahmad and Amir who are the petitioner No. 1 and 2 shall abduct their sister ,Mst. Maryam Bibi for illicit relations/fornication. It would be instructive to express that a Bail Application has to be disposed of within the framework of section 497 of the Code of Criminal Procedure which has completely been ignored by the Learned Additional Sessions Judge in this case. The only fact that the police has opined against these petitioners is not a bar for the purpose of the admission of these petitioners-accused to bail. The aforesaid reasoning has made me to held that the involvement of these petitioners-accused is a question of further inquiry especially when they had not gone to the house of Ghulam Muhammad complainant for the commission of rioting. Manzoor Ahmad, Amir and Muhammad Ramzan accused aire not named in the FIR. Hence this petition has the merits.
4. I, therefore, accept this application and admit the aforesaid five petitioners-accused to bail in the sum of Rs. 10,000/- each with one surety each in the like amount to the satisfaction of the Learned Additional Sessions Judge, Shorkot District Jhang or in case of his non-availability to the satisfaction of the Learned Sessions Judge, Jhang. The petitioners shall appear before the Learned trial Court on every date of hearing failing which the Learned trial Court may cancel their bail.
Copy dasti.