1. This order will dispose of the bail application filed by the applicants Azizullah, Adlo alias Abdul Karim and Mst. Gulshad involved in Crime No,202 of 2002 of Police Station Mehar. The learned Advocate for the applicants wants to withdraw the bail application in respect of applicant Adlo alias Abdul Karim on the ground that he has been murdered.
2. In view of above position the application against applicant Adlo alias Abdul Karim is dismissed.
3. The facts giving rise to the present application are that on 31-10-2002 at 4-00 p.m., the complainant along with P.Ws. and abductee Mst. Razia were going when the present applicants along with three other accused came near Girls School, VIP Road and on Pistol points abducted Mst. Razia. The complainant was searching for the girl and approached the relatives of the applicants and accused Zulfiqar but they kept him on false hopes. Subsequently they refused to hand over the girl to the complainant, therefore on 31-10-2002 at 4-00 p.m. he lodged the report. A bail application was moved before the Sessions Court which was dismissed on 15-11-2002, hence the present application.
4. The learned advocate for the applicant has argued that there is delay of six days in lodging of the F.I.R. that the victim girl had contracted marriage with the co-accused Zulfiqar after swearing an affidavit before a Judicial Magistrate, Karachi. He has further stated that the victim girl had appeared before this Court and swore an other affidavit that she was not abducted but confracted marriage with co-accused Zulfiqar with her free will and on the basis of said affidavits this Court had granted pre-arrest bail to the applicants.
5. On the other hand the learned Assistant Advocate-General and counsel for the complainant have argued that the delay in lodging the F.I.R. has been explained in the F.I.R. as the complainant approached the relatives of the accused for the return of the girl and when they refused to hand over the girl, then the complainant filed the F.I.R. They have further stated that the names of the applicants are mentioned in the F.I.R.; that the ingredients of section 11 of Offences of Zina (Enforcement of Hudood) Ordinance, 1979 are attracted and that the case is coming with the scope of prohibitory clause of section 497, Cr.P.C. therefore the applicants are not entitled for the concession of bail.
6. The affidavits of Mst. Razia sworn before the Judicial Magistrate and before this Court are available on the record. When this Court granted the interim bail to the applicants, the victim girl was present and on enquiries she owned the affidavits therefore interim bail was granted. It has been clearly stated in the affidavits that she was not abducted but contracted the marriage with co- accused Zulfiqar with her own free will, Nikahnama between M st. Razia and co-accused Zulfiqar is available on the record.
7. From the above position it is clear that there are two versions in the Court. It is yet to be determined as to which version is correct. Hence the applicants are entitled for the concession of bail.
8. In view of above position, the interim bail already granted to the applicants is confirmed on the same terms and conditions. Accordingly, the application is partly allowed and partly. dismissed.