1988 P Cr (PLP)

Muhammad Bashir Khan for Petitioners. Tassadaq Hussain Gilani, A.A.‑G. for the State. Muhammad Bakhsh complainant reported at Police Station Qadarpur Rawan on 10‑4‑1985 that one Mst. Faiz Elahi acted as go between his wife Mst. Khurshid 'and Abdul Ghafoor present petitioner as a result whereof ultimately his wife was enticed away by the petitioner and his confederates namely, Muhammad Akbar, Mazhar Abbas and Mst. Faiz Elahi on 6‑4‑1985, and they were seen boarding a wagon near Qadarpur Rawan by prosecution witnesses. Having failed in his efforts to get back Mst. Khurshid, the matter was reported to the police by the complainant on 10‑4‑1985. On 28‑5‑1985, during investigation, both Abdul Ghafoor petitioner and Mst. Khurshid were produced by one Muhammad Akram before the Investigating Officer. Mst. Khurshid was produced before a Magistrate for recording her statement under section 164, Cr.P.C. In that she stated that she was the fiance of the petitioner and ultimately married him and lived with him as such till her recovery. However, she was not got medically examined. On basis of this statement both Abdul Ghafoor and Mst. Khurshid were arrested, but the other co‑accused of the petitioners namely Muhammad Akbar and Mazhar Abbas and Mst. Faiz Elahi were declared innocent and not challaned.

2. The petitioners applied to the Court of Additional Sessions Judge for grant of bail but remained unsuccessful hence this petition.

3. Learned counsel appearing on behalf of the petitioners at the outset stated that because Mst. Khurshid petitioner has since been allowed bail by this Court vide order, dated 10‑7‑1985 in Criminal Miscellaneous No. 671/B of 1985, therefore, this petition to her extent may be dismissed as fructuous. It is argued that the co‑accused (abductee) when examined under section 164, Cr.P.C. accepted the petitioner as her husband and has since been allowed bail, therefore, whether or not the petitioner is guilty of zina remains to be established beyond reasonable doubt. Learned A.A.‑G. however, opposes the petition.

4. Admittedly there is delay of one week in lodging the F.I.R. Mst. Khurshid co‑accused /petitioner admitted before the Magistrate to be legally wedded wife of the petitioner. Mst. Khurshid is living with her parents since after her release on bail, as such there is apparently no chance of the petitioner indulging in repeating the offence of Zina. In the circumstances, I allow this petition and direct that the petitioner be released on bail subject to his furnishing bond in the sum of Rs.10,000 (Rupees ten thousand only) with one surety in the like amount to the satisfaction of the A .C. /Duty Magistrate, Multan. S.A./A‑244/L Bail granted.