2004 PLP 90 (YLR)

Malik Abdul Aziz Khan Kandwal for the Complainant. Sheikh Mumtaz Ali for the State. As a result of case bearing F.I.R. No.15 under sections 10, 11 of the Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) registered with Police Station Musa Khel, District Mianwali; on 29‑1‑2001, the petitioners Ahmad Khan, etc. twelve in number, stand, involved for the allegations that they abducted Mst. Nasrin on the said date by carrying her in a DALA when they came at the spot while armed with deadly weapons and later on she was subjected to Zina‑bil-Jabr and when this effort was resisted by Sabir Khan father of the abductee and others they were threatened by Shah Wali, etc. who fired with their weapons. So at the instance of Sabir Khan complainant the above said case was registered.

2. Learned counsel for the petitioners argued that the alleged abductee had filed a writ petition in the Lahore High Court, Lahore bearing No.2333 of 2001 wherein she stated that she performed marriage with Ahmad Khan with her free consent, therefore, it is not a case of abduction and commission of Zina, that all the close relatives of the Ahmad Khan have been involved falsely in this case, therefore, it is a case of further inquiry, which has been passed by the learned State Counsel as well as by the learned counsel for the complainant.

3. Later on during arguments it transpired that the alleged abductee has supported the prosecution case on the question of her abduction and commission of Zina by Ahmad Khan. So at this stage learned counsel for the petitioners submitted that he withdraws this petition to the extent of Ahmad Khan against whom there is allegation of commission of Zina and that his arguments may be taken into consideration to the extent of other petitioners on whirl the learned State Counsel submitted that this matter is‑ being pressed only against Ahmad Khan against whom there is allegation of commission of Zina on which the learned counsel for the complainant also agree.

4. But the perusal of the statement of the abductee recorded under section 161 Cr.P.C. reveals that she leveled allegations of commission of Zina against Ahmad Khan, Muhammad Aslam, Sher Abbas, Abdul Razzaq, Abdul Nazaq and Khan Khawas, therefore, it is not a fit case for bail to their extent.

5. As a consequence of it, Sajid Khan, Muhammad Akbar, Ajmal Khan, Shah Wali Khan, Abdul Khaliq ant Muhammad Hafeezullah against whom there is no allegation of commission of Zina are admitted to bail in the sum of Rs.1,00,000 (rupees one lac) each with one surety each in the like amount to the satisfaction of learned Sessions Judge, Mianwali.

6. While this petition to the extent or Muhammad Aslam, Sher Abbas, Abdul Razzaq, Abdul Nazaq, Khan Khawas, all the three sons of Mani Khan is hereby dismissed and to. the extent of Ahmad Khan the same stands disposed as withdrawn. While accepting the bail bonds the learned Sessions Judge, Mianwali, shall give the specific date for appearance of the petitioners in the Court concerned and thereafter petitioners shall continue to appear there on each and every date of hearing till the receipt of the challan and also thereafter till disposal of the case. H.B.T./A‑961/L Order accordingly.