1989 PLP 4081 (MLD)

Ch. Muhammad Arshad for Petitioner. Javed Shaukat for the State. The petitioner Mst. Seeman Bibi seeks bail in a case registered against her under section 10/11 of Offence of ‑Zinc (Enforcement of Hudood) Ordinance, 1979 and section 380, P.P.C. read with section 14/6/79 of Islamic Law, with Police Station Batapur, Lahore, vide F.I.R., dated 8‑2‑1989. The case was got registered by Mst. Wiro, mother of the petitioner. The allegations, as contained in the F.I.R. lodged on 8‑2‑1989, are that the first informant Mst. Wiro had gone out of her house for daily work. Her daughter Mst. Seeman aged about 20 years, and her husband were at home. When she came back in the evening she asked her husband the whereabouts of her daughter. He informed her that Mst. Seeman had gone out for work and had not come back till then. On enquiry by the first informant, it was revealed that her daughter was seen going with Babo in a wagon.

2. It is contended by learned counsel for the petitioner that initially the case against the petitioner was got registered by her mother but later on she had given an affidavit that her daughter because of some differences with her left the house and was living with her aunt. She further stated in the affidavit that because of misunderstanding she got the present case registered against her. Similar another witness Shaukat Masih who had seen the petitioner going with her co accused in a wagon, has also given an affidavit to the effect that he never saw the petitioner going with the co‑accused. Learned counsel for the State asserts that in the F.I.R. positive allegations against the petitioner have been levelled. Even if there are allegations in the F.I.R., it would not make any difference for the purposes of bail, because, subsequently, first informant gave an affidavit disowning the allegations against the petitioner at her instance. She stated in the affidavit that her thumb‑impression was obtained on a blank paper and she did not know what was written on it. Since the first informant who is the real mother of the petitioner, has disowned the allegations levelled in the F.I.R. as well as the witness who had seen her going with the co‑accused has exonerated her in the affidavit. Therefore, I feel it has become a case of further inquiry. The petitioner is allowed bail provided she furnishes security in the sum of Rs.20,000 with two sureties, each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate City Lahore. S.A./S‑509/L Bail allowed.