MUHAMMAD JAVAID BUTTAR, J.-~ The petitioner Maham Ali is seeking post-arrest bail in case F.I.R.
No. 355/95, dated 15.7.1995 registered at Police Station, Chunian, District Kasur for the offence under Section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and Section 14 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979, at the instance of complainant Sultan Ahmad for an occurrence dated 10.6.1995 in which Mst. Kameez Bibi aged 13/14 years, daughter of the complainant, got abducted by the petitioner and by the co-accused Ashraf, Hanif and Mst. Sorayya.
2. The petitioner remained an absconder for two years and 15 days and was arrested on 31.8.1997.
Challan was initially submitted on 14.12.1995 and after the petitioner's arrest, supplementary challan was submitted on 15.9.1997. Additional Sessions Judge, Chunian has dismissed the petitioner's application for the grant of post-arrest bail on 5.11.1998. Further facts relevant for the disposal of this petition are that the abductee Mst. Kameez Bibi was recovered after about two months of the occurrence and on 4.10.1995, her statement under Section 161 Cr.P.C, was recorded, in which she has stated that she was enticed away by the co- accused Mst. Sorayya Bibi under some pretext and she was given an intoxicant by her, mixed in a drinking liquid and on drinking the same, she became unconscious. On regarding the conscious, she found herself to be in a different village and saw the petitioner who was armed with a pistol and the co-accused were also variously armed and the petitioner kept her for about two months and had been committing Zina-bin-jabr with her and thereafter, on finding a chance, she managed to slip away.
3. I have heard the learned counsel for the petitioner, the State^ and have also seen the record.
4. It is contended by the learned counsel for the petitioner that both the eye-witnesses of the occurrence of abduction namely Hakim Ali and Ranjha have been given up as having been won over; there is no evidence of alleged Zina-bin- Jabr and the perusal of the order sheet of the Trial Court shows that out of 44 dates of hearing, the trial was postponed only on the ten dates of hearing on the asking of the accused and as the petitioner is behind the bars from the last one year, seven months and 19 days, therefore, he is entitled to the grant of bail even on statutory ground as provided in 3rd proviso to Section 497, Cr.P.C.
5. Learned counsel for the State has opposed the contentions and has submitted that the petitioner is the main accused; he has remained an absconder for a long time; there, is allegation of Zina-bin-jabr against him; the trial has commenced and the offence as alleged against the petitioner falls within the prohibitory clause of Section 497, Cr.P.C., therefore, he is not entitled to the grant of bail.
6. The abductee has levelled an allegation of repeated Zina-bin-jabr against the petitioner and the offence as alleged against the petitioner falls within the prohibitory clause of Section 497, Cr.P.C.
The petitioner has been found guilty in the investigation. The petitioner has remained an absconder for a long time. The trial has commenced and the statement of abductee Mst. Kameez Bibi was recorded by the Trial Court as PW-1 on 31.10.1998. I have gone through her statement also, copy of which was available with the learned counsel for the petitioner, in which she once again reiterated the commission of Zina-bin-jabr with her at the hands of the petitioner. There is nothing on the record to show that the petitioner has been falsely involved. The commission of such a heinous offence of Zina-bin-jabr and the fact of petitioner having remained an absconder for more than two years show that the petitioner is a dangerous and desperate criminal, and, therefore, the petitioner is not entitled to the grant of bail on statutory ground as well. Furthermore, the trial has already commenced and, at this stage, the release of the petitioner can prejudice the case of the prosecution. The petition thus having no merit is accordingly dismissed.