' Through this petition Khadim Hussain and Yousaf petitioners have sought post-arrest bail in case F.I.R. No,206 registered at Police Station Malka Hans, District Pakpattan Sharif on 24-8-2001 for offences under sections 16/10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and with sections 467/468/471, P.P.C.
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 has been lodged after a delay of about thirteen months. It is also available on the record that the alleged entice i,e, Mst. Munawar Bibi had previously lodged F.I.R.
No,233 of 2000 at the same police station alleging that the complainant of the present case namely Muhammad Rafique had abducted her against her wishes. In connection with that case the said lady had also made a statement under section 164, Cr.P.C. Before a Magistrate in support of the allegations levelled by her in the abovementioned F.I.R. It is also not disputed that the alleged entice namely Mst. Munawar Bibi has already filed a suit for jactitation of marriage against the complainant of this case namely Muhammad Rafique which matter is still pending before a Family Court apparently Mst. Munawar Bibi had throughout been maintaining that she had contracted valid marriage with Fakhar Hussain co-accused and that her claimed marriage with Muhammad Rafique complainant is sham and bogus. According to the learned counsel for the petitioner Mst.
Munawar Bibi has been living with her husband namely Fakhar Hussain co-accused since her marriage with him on 3-12-1999 and from the said wedlock a child has already taken birth which child is now about 8/9 months old. The role alleged against the present petitioners in the F.I.R. Is secondary in nature and admittedly the alleged enticee has not been recovered from the petitioners' custody during the investigation of this case. The petitioners are in judicial lock-up and their custody is no longer required for the purposes of investigation.
3. For what has been discussed above the case against the petitioner's calls for further inquiry into their guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioners are admitted to bail subject to furnishing bail bonds in the sum of Rs,50,000 (Rupees fifty thousand only) each with two sureties each in the like amount to the satisfaction of the learned trial Court.