1983 P Cr (PLP)

Criminal Procedure Code ('V of 1898)

Ss. 497 & 498 and Offence of Zina (Enforcement of Hudood) Ordi nance (VII of 1979), Ss. 10 & 11-Bail-Abductee making statement before Magistrate of having left house at her own accord to marry petitioner-After recovery from petitioner levelling allegations against him-In view of first statement of abductee bail granted to petitioner. Ch. Shah Muhammad for Petitioner. Muhammad Saeed Asadi for Complainant. Altaf Muhammad Khan for the State. The background of this case is given in my orders dated 29-9-1981 in Cr. Misc. No. 2517-B of 1981 and dated 5-10-1981 in Cr. Misc. No. 2678-B of 1981 whereby two co-accused of the present petitioner were admitted to bail. This order may be read as a part of the earlier orders. The allegation against the present petitioner is that he alongwith others abducted Mst. Parveen Akhtar on 29-4-1981 and a case was registered against him alongwith others under section 10/11 of the Zina Ordinance at Police Station Samundri, District Faisalabad on 2-5-1981 vide F. I. R. No. 104.. On the record has been placed a statement of Mst. Parveen Akhtar under section 164, Cr. P. C. made before the Assistant Commissioner, Magistrate First Class, Burewala on 4-5-1981 to the effect that she had not been abducted by anyone and that she bad left: her house at her own accord in order to marry the present petitioner, who was her fianc . After the recovery of the girl from the possession of the present petitioner her statement was recorded again under section 164, Cr. P, C. by the Magistrate on 17-5-1981 in which she is stated to have levelled the allegation against the present petitioner that he had been committing sexual intercourse with her against her will. It is contended by learned counsel for the petitioner that since there was conflict in the statements of the girl, a case was made out for the grant of bail to the petitioner. It is also submitted that in the F. I. R. the allegation levelled against the petitioner is that he had developed illicit relationship with the other girl, namely, Mst. Amtal Bibi which allegation was not supported .by the witnesses whose statements have been so far recorded in connection with this case by the Investigating Officer. On the other hand, learned counsel for the complainant argues that the age of Mst. Parveen Akhtar, according to the extract from the register of births, was about 14 years at the time of occurrence as her date of birth is 28-12-1966 and that, therefore, the offence of which the present petitioner is charged would disentitle him for being released on bail. Be that as it may, in the light of the statement of Mst. Parveen Akhtar dated 4.5-1981 made before the Magistrate, prima facie a case for bail is made out. I, therefore, admit the petitioner to bail subject to his furnishing security in the sum of Rs. 10.000 (Rupees ten thousand only) with one surety in the like amount to the satisfaction of the Assistant Commissioner, Faisalabad. This petition is disposed of. Bail granted.