' Through this petition Khan Muhammad petitioner has sought post-arrest bail in case F.I.R. No,345 registered at Police Station Gagoo, District Vehari on 7-10-2001 for an offence under section 11 of the Offence of Zind (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 fifteen days. Without prejudice to the prosecution's case it may be tentatively observed for the limited purposes of the present petition that the story contained in the F.I.R. Apparently does not disclose forcible abduction of Mst.
Irshad Bibi and, therefore, it is doubtful whether the allegations in the F.I.R. Would attract the provisions of section 11 of the Ordinance of 1979. The only allegation against the petitioner in this case is that the alleged abductee namely Mst. Irshad Bibi had stayed at the petitioner house for one night before going away with others. In these circumstances 'the`'role attributed to the petitioner in the whole transaction appears to be secondary in nature. It is not disputed that the alleged abductee had not been recovered from - the petitioner's custody. Through an opinion recorded in the case-diary No,31, dated 22-12-2001 the Investigating Officer of this case had opined that the petitioner is innocent. The learned counsel for the State has pointed out that after finding all the accused persons in this case to be innocent the file of this case has already been consigned to the record by the police by considering it as an untraced case. It may be true that the alleged abductee has not so far been recovered from the petitioner's co-accused but at the same time it is equally true that an accused person cannot be held as a hostage for recovery of an alleged abductee from some other accused persons.
3. For what has been observed above the case against the petitioner calls for further inquiry into his guilt within the purview of subsection (2) of section '497, Cr.P.C. This petition is, therefore, 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.