' This application, under section 497/498, Cr.P.C. By Falak Sher alias Phalli seeks grant of post-arrest bail in a case under sections 10 and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The F.I.R. Was lodged on 13-3-1997 by Ghulam Farid/father of Mst. Sattan abductee. It was complained therein that about 6/7 days before Mst. Nazran had come to his house and taken away his daughter for the purpose of visiting Darbar Mahmood Langah, that as she did not come back, so, he visited the aforesaid Darbar where it was communicated to him that Mst. Sattan along with Phalli, Mahli sons of Karam Ali, Mst. Nazran daughter of Karam Ali, Nawaz son of Shamand, Jamal son of Luqman, Mamand son of Allah Jiwaya were seen going in a wagon towards Harappa and that she had been abducted with evil intentions.
2. Mst. Sattan appeared before the concerned S.H.O. On 31-3-1997 along with her father and stated that she was wife of Shameer and was living in Mian Channu, that she had been taken away to the house of Amir Alam where she was subjected to rape by Falak Sher. In the investigation, Nawaz son of Mamand, Mahli son of Karam Ali and Mst. Nazran daughter of Karam Ali were found innocent.
However, challah has not been submitted so far before the competent Court. It is further submitted that the aforesaid lady refused to subject herself to the medical examination and did not get her statement recorded under section 164, Cr.P.C.
3. Learned counsel for the petitioner contends that as a matter of fact Mst. Sattan is aged 50/60 years of age; that this is absolutely false case; that already there was criminal litigation pending between the parties and petitioner has been roped in on account of enmity. Learned counsel for the State has, however, opposed this application.
4. From the aforesaid narration, it is quite clear that there is delay of 6 days in lodging the F.I.R. That Mst. Sattan even had not supported the version given in the first information report. Furthermore, she declined to undergo any medical examination. Taking all these facts into consideration and without going into the merits of the case, I find that it is a case of further inquiry. Consequently, I feel inclined to allow this application. The petitioner shall be released on bail subject to his furnishing bail bond in the sum of Rs,25,000 with two sureties in the like amount to the satisfaction of trial Court.