The petitioner has sought grant of bail in case F.I.R. No,172 of 1996 dated 16-7-1996 registered at the instance of Maqbool Hussain wherein,it was alleged that when the complainant was away from his house, one Mumtaz developed illicit relations with his wife Mst. Abida, About 15 days prior to the lodging of the F,I,R., said Mumtaz alongwith his wife Mst. Parveen abducted the complainant's various household goods and valuables were found missing from the house,
2. It is submitted that the petitioner is not named in the F,I,R,; that the petitioner claims to be married with Mat, Abida. Rani on 30-6-1996 and the marriage was registered in accordance with Muslim Family Laws Ordinance, that Maqbool complainant also claims himself to be the husband of Mst. Abida Rani and it is yet to be determined as to which of the Nikahnama is proper and genuine. It is also argued that during the investigation the prosecution version was found to be false and the alleged abductors i,e, Mumtaz and his wife Mst. Parveen were declared innocent. In view of these arguments it is submitted that the case against the petitioner has become that of further inquiry. It is also added that challan has not been submitted so far. The petitioner is confined in judicial lock-up and is not required for the purpose of investigation any further. Learned counsel appearing on behalf of the State has, however, opposed the prayer for grant of bail.
3. Without expressing any opinion on the merits of the case and considering the facts that the abductors named in the F.I.R. i,e, Mumtaz and his wife Mst. Parveen were found innocent and the prosecution story was found false and there is delay of more than 15 days in lodging the F.I.R., the case of the petitioner becomes that of further inquiry. I, therefore, allow this petition and admit the petitioner to bail subject to his furnishing bail bond in the sum of Rs, 50,000 with one surety in the like amount to the satisfaction of the trial Court.