RAJA MUHAMMAD SABIR, J.-- Petitioner seeks postarrest bail in case FIR No. 246/2002 registered u/S. I I, Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 at the instance of Haji Muhammad Akram, father of Mst. Shamsa, alleged abductee.
2. Briefly the facts of the case are that on 10.7.2002 when complainant was away in connection with his. Work and, other members of the family were present in the house, at about 1.30 p.m., Akram Butt, Shahzad Mehar brought Chand OV//7 there, who used to take and bring back his daughter from College, as she was a student of 2nd year. They pretended that there is summer camp in the College and she is required to attend it. She took books and went with them but did not return till evening. When complainant reached home, his wife told him that she was taken by Akram Butt and Shahzad Mehar on the Rickshaw. Complainant started her search, meanwhile, Muhammad Bashir, Habib Ullah told him that they saw at 2.00 p.m. The abductee with Farhan (petitioner), mother of petitioner, Labnan, Akram Butt and Shahzad going towards the city on Rickshaw. He requested the accused to return his daughter but they have been avoiding it under one pretext or the other. He lodged the report alleging that she has been enticed away with the intention to commit Zina with her.
3. During investigation, abductee was recovered and her statement u/S. 161, Cr.P.C, was recorded by the I.O. Two of the accused namely Labnan Bhatti and Samuel Bhatti were found real culprits and placed in column No. 3, whereas, remaining four accused including petitioner were found innocent and placed in column No. 2 of challan.
4. Learned counsel lor the petitioner contends that petitioner was arrested on 23.10.2002. Trial has not commenced. He was found innocent during investigation and placed in column No. 2 of the challan. The case against petitioner falls within the purview of further inquiry.
5. Learned State counsel has opposed the bail.
6. Heard, record perused.
7. Statement of Mst. Shamsa u/S. 161, (-VP.G has been read out. She has not made any allegation of commission of Zina against the petitioner. He was found innocent during the investigation and placed in column No. 2 of the challan. Trial has not commenced. Involvement of the petitioner in view of the police investigation and her statement that petitioner has not committed Zina with her prima facie a case of further inquiry, ln these circumstances, he is admitted to bail subject to his furnishing bail bonds in the sum of Rs. 50,000/-' with one surety in the like amount to the satisfaction^ leamed Trial Court.