Muhammad Shafi petitioner has sought for after arrest bail in case F.I.R. No.219 dated 24-10-2001, under sections 16/10, Offence of Zina (Enforcement of Hudood) Ordinance No. VII of 1979, registered with Police Station Sahuka, District Vehari.
2. Briefly the prosecution case as per F.I.R. Is that on 7-10-2001 he alongwith his were Mst. Anwar Bibi and Ghulam Hussain had enticed away Mst. Motia Bibi, the were of the complainant Fayyaz Ahmad for her hand for his son Muhammad Arshad alias Shadoo.
3. The bail has been sought on the ground that he has falsely been roped in; that he is real maternal uncle of the alleged abductee, so there arises no question of her enticement by him and others; that there is no allegation of Zina against him; that the offence does not fall within the prohibitory clause of section 497, Cr.P.C.; that he is behind the bars; and that he is previous non -- convict.
4. Conversely the learned State Counsel has opposed the application.
5. I have carefully considered the submissions advanced from both the sides with the help of the available record.
6. He is admittedly the real maternal uncle of the alleged abductee Mst. Motia Bibi. There is no allegation of Zina against him. The alleged offence does not fall within the prohibitory clause of section 497, Cr.P.C. He is behind the bars for the last about nine months and stated to be previous non-convict.
7. I, therefore, accept this application and admit him to bail in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the learned trial Court.