' JAVED IQBAL, J.---This criminal petition for leave to appeal is directed against the order dated 3- 4-2002 passed by learned Single Judge in Chamber of the Lahore High Court, Multan Bench, whereby application for bail preferred on behalf of petitioner has been rejected.
2. Briefly stated the facts of the case are that the petitioner was arrested as a result of F.I.R. Bearing No,197 of 2001 dated 25-10-2001 got lodged by Muhammad Siddique, S.-1. At Police Station Machhiwal, District Vehari on the basis of statement got recorded by Mst. Safia Bibi alleging therein that she was forcibly abducted by the petitioner and one Muhammad Ramzan and subjected to Zina-bil-Jabr by petitioner. It is further alleged that she was made unconscious and her thumb- impression were affixed on a few papers and subsequently used as a fake Nikah Nama.
3. Heard Mr. Abdul Sadiq Chaudhry, learned Advocate Supreme Court on behalf of petitioner who Mainly contended that petition hasbeen falsely implicated in the alleged offence due to party friction and heis totally innocent. It is next contended that F.I.R. Was got lodged with a considerable delay of two months and it cannot be without deliberation and consultation. It is argued that co- accused Muhammad Ramzan has been granted bail which could not have been refused on the principle of consistency. It is urged with vehemence that the valid Nikah Nama is sufficient proof of marriage between the parties and hence the question of registration of any criminal case does not arise.
4. We have carefully examined the contention as agitated on behalf of petitioner. The entire record has been scanned with the eminentassistance of learned Advocate Supreme Court. It is worth- mentioningthat the question of guilt or innocence cannot be decided while decidingbail application which depends upon the evidence which is, yet to berecorded. Insofar as the factum of delay in lodging F.I.R. Is concerned that has been explained reasonably and no adverse inference could be drawn. Insofar as concession of bail in favour of co-accused namely Muhammad Ramzan is concerned his case is entirely distinguishable as no overt act` whatsoever was attributed to him. The validity of Nikah Nama cannot be considered a sole ground for enlarging the petitioner on bail as its authenticity and genuineness is yet to be examined. It is to be noted that the victim has refused in a categorical manner that Nikah was ever performed. It appears from scrutiny of record that a poor and helpless girl was abducted forcibly and subjected to Zina-bil- Jabr. Had she been a consenting party she would have not run from pillar to post to get the case registered. Her entire life has been ruined which aspect of the matter cannot be considered lightly.
5. In view of heinousness of the offence, the manner in which it has been committed and prescribed punishment, the discretion as exercised by learned Single Judge in Chamber by rejecting bail of the petitioner does not warrant any interference.
In such view of the matter the petition being devoid of merit is dismissed. The observations as made hereinabove are tentative in nature and shall not affect the merits of the case.