Petitioners seek bail in F.I.R. No,54 of 1999 registered with Police Post Kot Nainan, District Narowal, on 8-3-1999, under sections 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979.
2. Briefly the prosecution version narrated in the complaint authored by Liaqat Ali is that his daughter Shamim Akhtar was taken on the pretext of shopping by Mst. Nargas Bibi wife of Muhammad Hussain to Shakar Garh City, having not returned by the evening, he made inquiry and found out from the witness that the petitioner had taken his daughter in a white car and was going towards Lahore. The abductee not having been recovered the inference drawn was that she was abducted for the purpose of Zina.
3. Post Arrest Bail was rejected by Additional Sessions Judge Shakar Garh on 15-7-1999.
4. Learned counsel has contended that the local S.H.O. and then the D.S.P Sadar Narowal have found the petitioners to he innocent and have put the whole blame on one Shabbir Ahmad driver by profession. It is stated that Mst. Shamim prosecutrix eloped with Shabbir Ahmad driver with whom she had amorous relations and that the petitioners have been roped in due to prior grudge with the father of the prosecutrix.
5. Conversely learned counsel for the complainant has opposed the grant of bail.
6. I have considered the arguments of the respective counsels and have gone through the record.
Mst. Shamim Akhtar in her statement under section 161, Cr.P.C. levelled the allegation of Zina-bil- Jabr committed with her by the petitioner. Munir Ahmad and Muhammad Rafique witnesses named in the F.I.R. have stated that they saw the petitioners taking away Shamim in a car towards Lahore. The medical report substantiates the statement of Shamim Akhtar that she was subjected to intercourse. For the present there is sufficient material on record to connect the petitioners with the commission of offence whose punishment falls within the prohibitory clause. At present I am not, inclined to enlarge the petitioners on bail for the reasons given above therefore the application being without any merit is dismissed.