' 1995, dated 16-10-1995 registered under section 11 of the Offence of Zina (Enforcement of Hudood)
Ordinance, 1979 at Police Station Sillanwali, District Sargodha is that he abducted Mst. Safia Bibi daughter of Maqsood Ahmed, th complainant and later on subjected her to Zina. At one state the petitioner was allowed bail by the learned Additional Sessions Judge on 19-3-1996 'hitch bail was cancelled by this Court on 1-12-1996 vide order passed in Criminal Miscellaneous No,3924/B/C of 1996. As a result thereof the petitioner was arrested on 16-5-1997. Learned counsel solicits bail on the ground that even though in her initial statement under section 164, Cr.P.C. Dated 18-2-1996, the alleged abductee supported the prosecution and also filed a suit for jactitation of her marriage with the petitioner but ultimately she accepted the claim of marriage and the two suits viz. Jactitation and restitution were compromised on 30-7-1996 as a result of which Mst. Safia Bibi started living with the petitioner. It is further urged that she again made a statement under section 164, Cr.P.C. On 10-5-1997 wherein she accepted the fact that she voluntarily married the petitioner and further asserted that nobody abducted her. It is also pointed out that in Writ Petition No,14549 of 1997 in respect of 'her detention, Mst. Safia Bibi appeared before my Lord, the Chief Justice, on 30-7-1997 and repeated the statement that she was not abducted by anybody, that she was living with her husband and that she wants to continue living with him.
2. The grant of bail has been opposed by the learned counsel for the Stagy as well as the complainant by asserting that no ground has been shown to exist so as to warrant deviation by this Court from the earlier order, dated 1-12-1996 cancelling bail of the petitioner. It is also asserted that in her earlier statement, dated 18-2-1996, she supported the prosecution case.
3. As noted, since 1-12-1996 new factors have crept in. The alleged abductee in her statement under section 164, Cr.P.C., dated 10-5-1997 has exonerated the petitioner. She also appeared before my Lord, the Chief Justice, and denied the allegation of abduction, accepted the petitioner as her husband and indicated that she wants to live with him. In order to prove the charge, per force the prosecution will have to rely on the statement of Mst. Safia Bibi w' o has been inconsistent, to say the least. The benefit of inconsistency can longer be withheld to the petitioner.
4. I, in the circumstances, hold that there are no reasonable grounds believe that the petitioner has committed an offence which is covered prohibitory clause. I, therefore, accept this application and direct that penda--the conclusion of the case the petitioner shall be released on bail in this case provided he furnishes bond in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of the trial Court.