2002 P Cr (PLP)

Malik Abdul Hameed Khokhar for the State. Since it is a bail matter and record is present, in the interest of justice, it is being decided today. Muhammad Azhar Nadeem, petitioner, the through the instant petition, has sought his post-arrest bail in a case F.I.R. No. 175 of 2001, decided on 12-6-2001 registered under sections 10 and 11 of the Offence of Zina (Enforcement of Hudood) Ordinance VII, 1979, at Police Station Sadar Chichawatni, District Sahiwal. According to the F.I.R., lodged by Faqir Muhammad, father of Mst. Sajida Yasmin, the alleged abductee, that on 6-6-2001 Mst. Sajida Yasmin was alone in the house when Shahid lqbal and Azhar Nadeem (present petitioner.) came to the house of the complainant and took away Mst. Sajida Yasmin alongwith them. During search for Mst. Sajida Yasmin, Faqir Muhammad and Muhammad Ashraf P.Ws. informed the complainant that they had seen Shahid Iqbal, Azhar Nadeem and Mst. Sajida Yasmin together boarding in a Rickshaw. It is also mentioned in the F.I.R. that P.Ws. had inquired from the abovesaid persons as to where they were going, they were informed that father of Mst. Sajida Yasmin had met an accident, therefore, they were going to the Hospital.

3. The petitioner was arrested in this case on 9-7-2001. The investigation of the case has been completed and the challan has been sent up to the trial Court.

4. On 16-6-2001, Mst. Sajida Yasmin came back to her house and on that day she was produced at the police station by her relatives. Her statement under section 164, Cr.P.C. was recorded by the Magistrate on the same day. It is pertinent to note here that she was not medically examined till 27-6-2001 and she was medically examined on the same day after a delay of 12 days when she consented for her medical examination.

5. I have heard the learned counsel for the parties and perused the record. It has been noticed that there is delay of six days in reporting the matter to the police. Admittedly, Mst. Sajida Yasmin the alleged abductee was not recovered from the custody of the petitioner. I have gone through the statement of Mst. Sajida Yasmin recorded under section 164, Cr.P.C. In that statement she has not levelled the charge of Zina against the petitioner. According to her, her thumb-impression and signatures were also obtained on certain papers by the accused. The allegation against the petitioner as well as one Iftikhar alias Nanna was of frivolous nature. Said Iftikhar alias Nanna has been found innocent during the investigation.

6. In the circumstances, the allegation against the petitioner needs further probe and inquiry within the purview of subsection (2) of section 497, Cr.P.C. I, therefore, allow this petition and admit the petitioner to bail, subject to his furnishing bail bonds in the sum of Rs. fifty thousand with one surety in the like amount to the satisfaction of the trial Court/Duty Judge.

7. As the learned counsel for the petitioner is not available today, the case has been argued by Rana Shaukat Hayat, Advocate, who rendered his assistance very ably.

8. Let a copy of this order be sent to the petitioner, who is presently confined in the District Jail, Sahiwal. N. H. Q./M-762/L Bail allowed.