2006 PLP 3268 (YLR)

FAISAL ARAB, J.

Dismissed as infructuous.

2. Granted subject to all just exceptions.

3. Bail has been sought by applicants Arbab Ali and Rano, both by caste Machhi, in Crime No.32 of 2005 of Police Action, Thull, District Jacobabad, registered for offence punishable under sections 11/16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and sections 337-H(2), 148 and 149, P.P.C. The allegations against the applicants as per F.I.R. lodged on 23-4-2005 at 9-00 hours by complainant Ghulam Rasool Machhi, are that on 9-4-2005 at 12-30 a.m. (night) he, his father Baggan, his son Ahmed Ali and other house inmates were sleeping in the courtyard of his house. On hearing noises he in torchlight found accused Ashique Machhi with T.T. Pistol, Imam Bakhsh, Mahboob, Arbab, Rano, armed with shotguns and Ali Hassan with rifle and two unidentified persons with lathis. Thereafter, accused Ashique Machhi dragged Mst. Kabilan, daughter-in-law of complainant, while the other accused persons with fire-arms pointed their weapons towards the complainant and other P.Ws. and thereafter all the accused persons went away by abducting Mst. Kablian. The complainant in the F.I.R. Has stated that on 9-4-2005 at night his daughter was kidnapped by accused Ashique Machhi as he intended to commit Zina with her. This F.I.R. was lodged on 23-4-2005 i.e. after fourteen days of the alleged incident. The abductee Mst. Kabilan, after her return, recorded her 164, Cr.P.C. statement before the Magistrate, wherein she has stated that there was no attempt of rape by any of the abductors and that she was only threatened that she should be married to some unknown person. She has further stated that, after being detained for several days, one of the abeductors left her near her village. From the statement of the abductee it has not come out that when the object of abduction was to get her married to someone or commit Zina, what forced the abductors to give up their object of committing Zina or getting her married to someone else. All these facts require further inquiry into the matter. In the present case even the allegation of attempt to commit Zina, which was a basis of lodging F.I.R., is not attributed to the present applicants. They are in jail since 7-5-2005. The punishment for abduction is provided in section 365, P.P.C., which is seven years imprisonment. As there is a considerable delay in lodging of the F.I.R. by the father of the abductee, this Court find it proper to enlarge the applicants on bail. In the circumstances, the applicants are admitted to bail subject to furnishing surety in the sum of Rs.150,000 each and P.R. bond in the like amount to the satisfaction of the trial Court. H.B.T./A-125/K Bail granted.