1. ' I propose to dispose of Criminal Bail Application No,538 of 2000 Muhammad Ameen v. The State and Criminal Bail Application No,539 of 2000 Moor v. The State by single order as both arise out of the same F.I.R.
2. ' The facts leading to the present application for bail are that applicants/accused are facing trial in S.C. No,28 of 1999 before learned IIIrd Additional Sessions Judge, Mirpur Mathelo under sections 11/16, Offence of Zina (Enforcement of Hudood Order), 1979. The case arose out of F.I.R. No, 100 of 1999 of Police Station Obaro District Ghotki.
3. ' The brief facts of the prosecution case as disclosed in the F.I.R. Lodged by complainant Muhammad Aslam on 23-8-1999 are reproduced hereinbelow in extenso:-- ' "It is complained that my house is situated at Malik Colony Ubaro Town, where I reside with my family. I am running a hotel, which is situated in the jurisdiction of Police Station Sarhad. In the house my father Fateh Muhammad son of Abdullah is residing, and I use to go to home on alternate day. One Khan Muhammad Shaikh uses to come at my house. I have suspicion of his illicit terms with my wife Latifan. I restrained him from visiting my house thereupon he annoyed. I have three daughters from my wife Latifan, i.e, Asia aged about 4 years,
2. Asman aged about 3 years, and Leelan aged about 1 and half years. On 28-7-2000 just after my arrival at house my father Fateh Muhammad, cousin Afzal son of Ibrahim and relative Ghulam Qadir son of Bilawal Shaikh met me and informed that last night at about 10-00 p.m. i.e, (1) Khan Muhammad son of Muhammad Bakhsh Sheikh resident of Deharki armed with pistol, (2) Moor son of Mooso and Ameen son of Mooso Dakhan, resident of near Bypass, armed with guns, (4) Sharif son of Shafi Muhammad Dhoondho resident of Naseer Dhoondho armed with pistol, (5) Abdul Hameed alias Madad son of Adloo alias Abdul Wahid Dhoondho resident of Naseem Dhoondho, (6) Mithal son of Noor Muhammad Dhoondho, resident of Materkot and two unidentified empty-handed persons came on Datsun and forcibly took away my wife Lateefan, daughter Lailan, by putting them in Datsun. Due to fear of lethal weapons we remained silent. On hearing such facts, I narrated the incident to our Nekmard Shafqat Hussain, where Mooso brought Qur'an Pak and kept us on hopes and said that youngsters have committed mistake and they will return the women. On his assurances we waited. Today he refused point blank and said that you may do whatever you like and we will not return the women. Now I have come to lodge the F.I.R. The accused Khan Muhammad Shaikh accompained with abovenamed accused with common intention, duly armed with deadly weapons has abducted my wife Latifan for the purpose of Zina and marriage alongwith infant Lailan. Complaint is lodged.
4. ' Note.--- Above complaint has been recorded in verbatim and read over to the complainant who admits the contents to be true and signs.
5. (Sd.) A.S.-I. Police Station Obaro. (Sd.) Complainant.
6. ' After usual investigation, the applicants/accused were sent up to stand trial.
7. ' The applicants/accused applied for bail before the trial Court but it was declined by impugned order, dated 7-9-2000.
8. ' I have heard Mr. Syed Saifuddin Shah learned counsel on behalf of the applicants/accused. He has placed reliance on the case of Abdul Lateef and another v. The State 1997 PCr.LJ 1794. I have also heard Mr. Sher Muhammad Shar learned Assistant Advocate-General on behalf of the State.
9. The latter opposes the bail plea of the applicants/accused. He states that prosecutrix has implicated the applicants/accused in her statement recorded under section 161, Cr.P.C. As well as under section 164, Cr.P.C.
10. The perusal of record shows that the alleged incident took place on 27-7-1999 and. F.I.R. With regard to alleged incident was lodged on 23-8-1999, whereas distance from police station is one kilometre. No plausible explanation with regard to this inordinate delay has been given in the F.I.R.
11. The alleged incident occurred at about 10-00 p.m. but no source light has been disclosed in the F.I.R. The alleged prosecutrix was seen standing alongwith applicant/accused Moor at the bus stop of Sonan Shah bridge, when police recovered her and also arrested the applicant/accused Moor.
12. The accused Khan Muhammad and applicant/accused Muhammad Ameen were arrested on 20- 10-1999 by the police. The statement of the prosecutrix was recorded after unexplained delay of three days i.e, on 23-10-2000 wherein she implicated the three accused. In her 164, Cr.P.C.
13. Statement recorded before Civil Judge and F.C.M. Obaro she has reiterated the facts given by her in her 161, Cr.P.C. Statement. In the F.I.R. In all 8 persons were implicated whereas during the investigation five persons were let off by the police as they were proved to be innocent and three persons were sent up to stand trial. Mashirnama of recovery shows that no mark of violence was found on her body. On 21-10-1999 the alleged prosecutrix Mst. Latifan was referred to Taluka Hospital Obaro for her examination and certificate. Dr. Zarina Perveen Women Medical Officer Taluka Hospital Obaro examined her and found no mark of violence on her clothes, body or on the genital organs. The medical certificate further shows that she admits three fingers easily.
14. There is no material on the record that the prosecutrix complained to any one even at the bus stop with regard to alleged incident. It is well-settled that it is easy to concoct a rape but difficult to rebut it.
15. ' Looking towards the peculiar facts and circumstances of the case. I am of the considered view that the case necessitates further enquiry as contemplated under section 497(2), Cr.P.C.
16. ' Consequently, the applicants/accused are granted bail in the sum of Rs,2,00,000 (two lacs only) each and P.R. Bond in the like amount to the satisfaction of the trial Court.