2001 PLP 694 (YLR)

Syed Zafar Abbas Mashhadi for Petitioner. Maqbool Ahmad Qureshi for the State. Syed Muhammad Raza petitioner aged about 20 years was arrested on the 29th of October, 1999 and is in jail ever since awaiting his trial in pursuance of a case registered vide F.I.R. No.388 of 1999, dated the 23rd of October, 1999, recorded under section - 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station, Hanjarwal, Lahore, regarding an occurrence which took place on the 21st October, 1999 in the area of Mohallah Matman, Niaz Baig, which is at a distance of 1-1/2 Kilometer from the police station where the F.I.R. was lodged on the 23rd of October, 1999 by Mst. Parveen Bibi.

2. According to the prosecution, Syed. Muhammad Raza petitioner alongwith three others abducted the complainant's daughter 'Mst. Naiver Batool.

3. Learned counsel for the petitioner contends that the ingredients of section 11 of Ordinance VII of 1979, are missing, inasmuch as, there was no abduction or kidnapping or enticement within the meaning of the said section; and out of the three eye witnesses, two are brothers of complainant Mst. Parveen Bibi while the 3rd namely Rashid is her brother-in-law and that the co -accused Mst. Aqdas against whom there is a similar allegation is already on bail.

4. Admittedly, there is no allegation of Zina against the petitioner and, prima facie, it seems that there was no kidnapping or abduction or enticement within the meaning of section 11 of Ordinance VII of 1979. According to the prosecution, three persons saw Mst. Naiver Batool abductee going in the company of the accused persons without raising any hue and cry. Out of these, three persons, two are stated to be the real brothers of complainant Mst. Parveen Bibi while the third is said to be her brother-in-law who could have resisted and pre-empted the accused persons from kidnapping or abducting Mst. Naiver Batool.

5. From the facts and circumstances of the case reasonable ground to believe that the petitioner is guilty of an offence punishable with death or imprisonment for life imprisonment for ten years, prima facie, do not seem to exist. However, the case against the petitioner may be a matter of further inquiry within the meaning of subsection (2) of section 497, Cr.P.C. which entitles the petitioner to the grant of bail.

6. Resultantly, this petition is accepted and the petitioner is granted bail provided he furnishes bail bond in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of the trial Court. N.H.Q./M-605/L Bail allowed.