' Dildar, Aliah Rakha, Ghulam Hussain and Muhammad Amin petitioners who are involved in a case under sections 363, 364 and 36o, P. P. C, have moved this petition for bail. The allegations are that three years prior to 22nd August 1977 at 11 p.m. They trespassed into the courtyard of Aliah wasaya complainant and forcibly took away his daughter Mst. Amiran in the presence of her mother Mst.
Zohran. Oi, 27th July, 1977 Aliah Wasaya complainant made an application to the Sub-Martial Law Administrator regarding the occurrence and the present case was registered against the petitioners under the orders of the Martial Law Authority.
2. The learned counsel for the petitioners contends that the F. I. R. Was delayed by 3 years and except the solitary statement of Mst. Zohran there is no other evidence to connect the petitioners with the commission of the alleged offence. He submits that the statement of Mst. Zohran having been recorded three years after the alleged abduction, no importance can be attached to it because it is quite unnatural that she would keep silent for such a long time after the abduction of her daughter. The learned counsel for the State submits that the alleged abductee has not been recovered so far, therefore, the petitioners are not entitled to the concession of bail.
3. The F. I. R. Was lodged three years after the alleged abduction and there is no reasonable explanation therein about this inordinate delay. Mst. Zohran, mother of the alleged abductee, appeared before the police three years after the alleged abduction. I have gone through her statement. She has not named any other person as the eye-witness of the occurrence. Except her solitary statement recorded three years after the alleged abduction, there is no other evidence linking the petitioners with the commission of offence. In the circumstances, I allow this petition and admit the petitioners to bail in the sum of Rs, 10,000 each with one surety each in the like amount to the satisfaction of Assistant Commissioner, Lodhran.