Allah Wadaya and Muhammad Sarwar, the petitioners have sought for post-- arrest bail in case F.I.R. No.225 dated 19-9-2001 under section 11 of the Offence of Zina (Enforcement of Hudood)
Ordinance (VII of 1979) registered with Police Station Chak Baidi, District Pakpattan Sharif.
2. Briefly the prosecution case as per F.I.R. Is that on the night between 1/2-9-2001, Ahmed armed with .12 bore gun. Allah Wadaya, Sarwar and Nasir have abducted Mst. Munawar Bibi, the daughter of the complainant for Zina.
3. It has been contended on their behalf that they have falsely been roped in; that the alleged abductee is the legally were of their brother Ahmed co-accused; that so far there is no evidence of Zina against them; that they are behind the bars for the last about nine months and despite lapse of such long period of time the alleged abductee has not been recovered; that as they are behind the bars, so there is no question of her recovery from them; and that they are previous non-- convict.
4. Conversely, the learned counsel for the State has opposed the petition on the ground that they alongwith their brothers Ahmad and Nasir have abducted Mst. Munawar Bibi for Zina; that she as yet has not been recovered.
5. I have carefully considered the submissions made by the learned counsel for the parties with the help of available record.
6. No doubt there is allegation of abduction of Mst. Munawwar Bibi against them alongwith their two brothers namely Ahmad and Nasir but there is with the petition the copy of Nikahnama showing her Nikah with their brother Ahmed Ali. Anyway, so far there is no allegation of Zina against them. In these circumstances, it is yet to be seen that if they can be held liable for the alleged offence. So, their case is covered under subsection. (2) of section 497, Cr.P.C. Calling for further inquiry into their guilt. They are behind the bars for the last about nine months. So, there is no question of the recovery of the alleged abduction from them. So, in the above circumstances, it seems not proper to detain them indefinitely for her recovery particularly when their case has been found to be one of further inquiry, They stated to be previous, non-convict.
7. I, thus find them entitled to bail. The petition therefore, is, accepted and they are admitted to bail provided they furnish bail I bonds in the sum of Rs.50,000 (Rupees fifty I thousand) each with one surety each in they like amount to the satisfaction of the learned Sessions Judge, Pakpattan Sharif/trial Court.