1. ' Applicant/accused Younus Rangwala is facing trial in the Court of IIIrd Additional Sessions Judge, Karachi East, for allegedly committing an offence punishable under section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, pertaining to F.I.R. No,171 of 2001, which was lodged by complainant Bashir Ahmad on 21-2-2001 at 18-10 hours at Police Station Gulshan-e-Iqbal, Karachi. The bail application was moved in the trial Court on behalf of the applicant above-named, which stands rejected vide order, dated 10-5-2002.
2. ' According to F.I.R., complainant Bashir Ahmed resides at Madina Colony, Katchi Abadi, Naimat Hussain Wali Gali, Gulshan-eIqbal, Karachi since last above 18/19 years with his children. He works as Cobbler at the corner place of Haq Bahoo Plaza, Gulshan-e-Iqbal, Karachi. Mst. Hanifa Bibi daughter of Ghulam Mustafa is his maternal-niece; she was married to Fayyaz Hussain who is residing in Punjab, while she resides with the complainant. Mst. Hanifa Bibi was working as a house- maid in a Bungalow, situated at Block 13-D, Gulshan-e-Iqbal, Karachi. She left the house of the complainant on 7-2-2002 to work in the said Bungalow, but did not return back to the house.
3. ' Complainant went on making inquiries and came to know that absconding accused Hanif originally belonging to Pattoki, Punjab, was working as a cook in the adjacent Bungalow, and present applicant/accused Younus Rangwala, alongwith absconding accused Nazir and one Nazira introduced to Mst. Hanifa Bibi the said absconding accused Hanif, and that the said accused enticed her away in collusion with the others, "for Zina". Complainant went on search for her, but could not find her. Hence he lodged F.I.R. At the said police station on 21-2-2001 at 18-10 hours.
4. ' I have heard Mr. Syed Jawaid Haider Kazmi, learned counsel for the applicant/accused. Younus Rangwala and Mr. Fazlur Rehman Awan, learned counsel for the State.
5. ' Learned counsel for the State has contended that the police papers disclose that Mst. Hanifa Bibi has not made any allegation of Zina against the present applicant/accused, and that she has stated in her 161, Cr.P.C. Statement that absconding co-accused Hanif had been sleeping with her on the same bed and committing Zina with her, at Pattoki.
6. ' Learned counsel for the applicant/accused argued that the delay of about 14 days is not explained satisfactorily by the complainant; that there is no allegation against the present applicant/accused to say that he committed Zina; the role assigned to him is that he persuaded Mst. Hanifa Bibi to go with him to Punjab, only to see that absconding accused Hanif may commit Zina with her.
7. ' Learned counsel for the applicant/accused further argued that the said lady returned back to the house of the complainant on her own accord, and without any efforts for her recovery either from the side of police or from any body else.
8. ' He has relied upon the case reported in 2002 PCr.LJ 12 (Lahore), wherein the applicant of the said case was admitted to bail on the grounds that the matter was reported to the police after 6 days and the abductee was neither recovered from the custody of the accused nor she had charged the accused for the commission of Zina in her statement and the case needed further inquiry, as envisaged under section 497(2), Cr . P . C .
9. ' So also, the learned counsel for the applicant/accused has relied upon another case reported in 1994 PCr.LJ 914 (Lahore), wherein the accused was admitted to bail for the reason that the F.I.R. Was lodged after about 20/25 days of the incident, the abductee was not recovered from the custody of the accused but she had returned of her own accord to her home, two days before the registration of the case, whereas five co-accused had been declared to be innocent, and further that abductee was said to had been taken to various places, yet, no body was named as witness of the occurrence; the accused was in judicial custody for almost three months and was no more required by the police.
10. 'Accordingly, the applicant Younus Rangwala is admitted to bail in the sum of Rs,1, 00,000 (Rupees one lac) and P.R. Bond in the like amount to the satisfaction of the learned trial Court.
11. 'A short order was passed to the above effect earlier on this date.