' Bashir Ahmad petitioner seeks grant of bail in case F.I.R. No,362 of 1998 dated 29-10-1998 registered undfr section 11 of Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 at Police Station, Kameer, District Sahiwal.
2. The prosecution case is that the petitioner and others abducted Mst.- Safia Kausar, sister of the complainant-Muhammad Rashid, in order to subject her to illicit intercourse.
3. Learned counsel for the petitioner submits that there is no allegation of Zina against the petitioner and that more than three months have passed but the police has not submitted the challan. Conversely learned counsel for the State has opposed the instant application.
4. I have considered the arguments advanced by the learned counsel for the parties. I find that there is no allegation of Zina against the petitioner who was arrested and detained by the police but during investigation he did not lead to the recovery of the alleged abductee. The Investigating Officer present in Court submits that there is no possibility of the submission of challan before the recovery of the abductee. In the circumstances, I am of the view that no useful purpose would be served by keeping the petitioner in jail for indefinite period. He is, therefore, allowed bail subject to his furnishing bail bonds in the sum of Rs,50,000 (Rupees fifty thousand) with two sureties in the like amount to the satisfaction of the learned trial Court.
5. It would, however, be open to State/complainant to move for cancellation of bail, if any further evidence comes on record connecting the petitioner with the crime. The instant petition stands disposed of.