' Through this petition Mehboob Ahmad petitioner has sought post-arrest bail in case F.I.R. No,327 registered at Police Station City, Arif Wala, District Pakpattan Sharif on 1-8-2000 for an offence under section 16 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
2. After hearing the learned counsel for the parties and going through the record it has been noticed that the F.I.R. In this case had been lodged with a delay of one year. The alleged enticee namely Mst. Sabran is admittedly a grown-up lady with four children and, therefore, the question whether she had been duped or deceitfully induced into going away with the accused party or she had gone away with them willingly is a question which shall be determined by the learned trial Court on the basis of the evidence led before it. The petitioner is not A the principal accused in this case and the allegation levelled against him is only in respect of being an abettor of Khan Bahadur co-accused. An offence under section 16 of the Offence of Zina (Enforcement of Hudood)
Ordinance, 1979 does not attract the prohibitory clause contained in subsection (1) of section 497, Cr.P.C. It is not denied that the alleged entice had not been recovered from the petitioner's custody during the investigation. For all these reasons the case against the petitioner surely calls for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C.
3. The learned counsel for the State has vehemently argued that Khan Bhahadur co-accused has been declared to be a proclaimed offender and he has not yet been arrested in this case. He has also stated that the alleged entice has also not been recovered so far. Thus, according to him, admission of the present petitioner to bail is likely to impede and hamper the efforts of the police to arrest the abovementioned principal accused and to recover the alleged enticee. I have, however, remained unable to subscribe to this contention of the learned counsel for the State. It is settled law that one accused person cannot be held as a hostage for the arrest of another or even for recovery of an alleged entice.
4. For what has been discussed above this petition is allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs,50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.