' Akhtar Ali, the petitioner through the instant petition has sought for post-arrest bail in case F.I.R.
No,170 dated 4-6-2003 under section 11/10 of the Offence of Zina (Enforcement of Hudood)
Ordinance No,VII of 1979 registered with Police Station Langrana, District Jhang.
2. Briefly the prosecution case as per F.I.R. Is that on 2-6-2003 at about 9-00 p.m. Mst. Shahnaz Bibi had called Mst. Farzana Bibi, the virgin niece of the complainant on the pretext of easing themselves and she took her outside the house and therefrom petitioner along with Safdar Ali and Nasir Ali had abducted her (Mst. Farzana Bibi) in a car and he thereafter had been subjecting her to Zina-bil-Jabr in a house at Gutti Syedan.
3. It has been contended on his behalf that he has falsely been roped in; that there is two days delay in lodging the F.I.R. Without any reasonable explanation; that except the statement of the alleged abductee, there is no other evidence against him regarding the commission of Zina or Zina-bil-Jabr with her; that he is behind the bars; and that he is previous non-convict. In support of bail plea, reliance has been placed upon the case of Ikhtiar Gul and 2 others v. The State 1996 SCM R 1130(2); Muhammad Sajid v. The State 2000 PCr.LJ 1948 (Lahore) and Ghulam Murtaza v. The State 2001 Crl.J 16 (Bahawalpur).
4. Conversely, the learned counsel for the State has opposed the petition on the ground that he is named in the F.I.R.; that he along with his co-accused had abducted Mst. Farzana Bibi, the niece of the complainant and thereafter had been subjecting her to Zina-bil-Jabr; that there is some explanation of delay in the F.I.R.; and that there is ample. Material on record to prima facie connect him with the crime.
5. I have carefully considered the submissions made by both the sides with the help of available record.
6. Allegedly he along with his co-accused had abducted the said girl and thereafter had been subjecting her to Zina-bil-Jabr.
7. The police record has revealed that the said girl of her own will had eloped with the petitioner and thereafter had indulged in Zina with A him with her consent. The Police Officer present on the query has submitted that the alleged abductee has been arrayed as an accused in the instant case.
8. There is also no denying the fact that except than her own statement, there is no other evidence on the record against him of Zina or Zina-bil-Jabr.
9. In view of the above, it is yet to be seen that if ultimately he can he held liable for the alleged offence or not. His case, therefore, is open to further inquiry into his guilt. The same, thus, is covered uncle* subsection (2) of section 497, Cr.P.C. In this regard, reference is made to the case of Ikhtiar Gul and 2 others v. The State 1996 SCM R 1130(2), Muhammad Sajid v. The State 2000 PCr.LJ 1948 (Lahore) and Ghulam Murtaza v. The State 2001 Crl.J 16 Bahawalpur.
10. He is behind the bars and stated to be previous non-convict.
11. In these circumstances, I find that the case for his enlargement on bail has been made out. The petition therefore, is accepted and he is admitted to bail provided he furnishes bail bonds in the sum of Rs,50,000 (Rupees fifty thousand) with one surety in the like amount to the satisfaction of the learned trial Court.