Through this petition Muhammad Yasin and Nazir Ahmad petitioners have sought post-arrest bail in case F.I.R. No.479 registered at Police Station Baseerpur, District Okara on 10-10-2001 for an offence under sections 11/10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
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 had been lodged with a delay of fourteen days. The accused party has taken a defence of valid Nikah between the alleged abductee namely Mst. Zahida Bibi and Muhammad Ahmad accused and in her statement recorded under section 161, Cr.P.C. On 29- 10-2001 the alleged abductee had confirmed the said assertion regarding her marriage with Muhammad Ahmad accused. However, in her statement, recorded under section 164, Cr.P.C. On 28-3-2002 the same lady had taken a diametrically opposed stand and had alleged her abduction and rape by the accused party. This clearly shows that the said lady has been taking different stands at different occasions. Even according to the statement made by the alleged abductee under section 164, Cr.P.C. The role attributed to the present petitioners appears to be secondary in nature as they have been portrayed therein as abettors of the principal accused namely Muhammad Ahmad and no allegation of Zina or Zina-bil-Jabr was leveled against the present petitioners. It is not disputed that during the investigation a Deputy Superintendent of Police had declared the petitioners to be innocent. After completion of investigation a challan has already been submitted in this case and, thus, continues custody of the petitioners in jail is not likely to serve any beneficial purpose at this stage.
3. For what has been discussed above the case against the petitioners 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 one surety each in the like amount to the satisfaction of the learned Trial Court. Bail granted.