' The case of prosecution is founded on F.I.R. In Crime No,5 of 2003, Police Station Abad, District Jaccobbabad recorded on 16-2-2003 at 15-30 hours, wherein complainant Khamiso has stated that alleged abductee namely Mst. Sardaran daughter of Gullan (now accused) was married to Bilawal about two years back and was living with him. The mother of Mst. Sardaran had come to visit her while on the previous day accused Makoro, Nawaz and Bashir who happened to be relatives of the complainant, came to visit him and stayed in his house. In the morning the complainant noticed that Mst. Sardaran, her mother and accused Makoro, Nawaz and Bashir were missing. He set out in their search and on the way he met his brother Jatoi who informed him that the aforementioned persons were seen by him and on his inquiry they told him that Mst. Sardaran was being taken for usual family visit. The complainant continued her search, bat with no result. He lodged F.I.R. Applicant Makoro was arrested on 21-2-2003 and Bashir, on 2-8-2003.
2. I have heard Mr. Shamasuddin Kobhar, learned counsel for applicants and Mr, Muhammad Ismail Bhutto, learned counsel for the State, the latter concedes to grant of bail.
3. Learned counsel for the applicants referred to the F.I.R. In Crime No,5 of 1999, dated 13-3-1999 registered at Police Station Belo Mirpur, District Ghotki and challan in the said case and submitted that according to said F.I.R. Mst. Sardaran was abducted by Bilawal, Khamiso the complainant herein and a number of other persons on the point of fire-arms. On the basis of statement of Mst.
Sardaran that it was an offence of gang rape, the case was challenged for an offence under section 10(4) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 which is pending in the A.T. Court, Sukkur. He pointed out that the challan shows that Mst. Sardaran and applicant Bashir are the witnesses in the said case while Khamiso complainant in the instant case and his brother Jatoi are shown in column No,2 thereof. On the premises of the said case, Mr. Kobhar argued that the instant F.I.R. Is a backlash of the same. He further argued that in fact Mst. Sardaran has not been married to Bilawal and in this context the statement of Bilawal has not been recorded under section 161, Cr.P.C. In support of marriage. According to him, even Nikahnama was not produced.
4. Mr. Muhammad Ismail Bhutto, learned State Counsel in such a situation, did not oppose the grant of bail.
5. The most important evidence in this case is of Mst. Sardaran but she has been joined as an accused in this case. However, an affidavit attributed to her has been filed in this Court, which has gone uncontroverted. The case instantly, is dependent on evidence of Khamiso the complainant and his brother Jatoi, whose names transpire as the accused persons in the F.I.R. 5 of 1999 of Police Station Belo, Mirpur, District Ghotki. All these circumstances would require proof at the trial, but for the time being at least in the backdrop of the aforesaid circumstances, a case of further inquiry is made out.
6. In result of the above, the application is allowed. The applicants be released on furnishing surety in the sum of Rs,one lac each and executing P.R. Bond in the like amount to the satisfaction of trial Court.