2004 PLP 155 (MLD)

Abdur Rehman Masood for the State Date of hearing: 10th March, 2003. Petitioner seeks post‑arrest bail in case F.I.R. No.246 of 2002 registered under section 11, Offence of Zina (Enforcement of Hudood) Ordinance, VII of 1979 at the instance of Haji Muhammad Akram, father of Mst. Shamsa, alleged abductee.

2. Briefly the facts of 'the case are that on 10‑7‑2002 when complainant was away in connection with his work and other members of the family were present in the house, at about 1‑30 p.m., Akmal Butt, Shahzad Mehar brought Chand Gari there, who used to take and bring back his daughter from College, as she, was a student of 2nd Year. They pretended that there is summer camp in the College and she is required to attend it. She took books and went with them but did not return till evening. When complainant reached home, his wife told him that she was taken by Akmal Butt and Shahzad Mehar on the Rickshaw. Complainant started her search, meanwhile, Muhammad Bashir, Habibulllah told him that they saw at 2‑00 p.m. the abductee with Faihan (petitioner), mother of petitioner, Labnan, Akmal Butt and Shahzad going towards the city on Rickshaw. He requested the accused to return his daughter but they have' been, avoiding it under one pretext or the other'. He lodged the report alleging that she has been enticed away with the intention to commit Zina with her.

3. During investigation; abductee was recovered and her statement under section 161, Cr.P.C. was recorded by the Investigating Officer. Two of the accused namely Labnan Bhatti and Samuel Bhatti were found real culprits and placed in Column No.3, whereas, remaining four accused including petitioner were found innocent and placed in Column No.2 of challan.

4. Learned counsel for the petitioner contends that petitioner was arrested on 23‑10‑2002. Trial has not commenced. He was found innocent during investigation and placed in Column No.2 of the challan. The case against petitioner falls within the purview of further inquiry.

5. Learned State counsel has opposed the bail.

6. Heard, record perused.

7. Statement of Mst. Shamsa under section 161, Cr.P.C. has been read out. She has not made any allegation of commission of Zina against the petitioner. He was found innocent during the investigation and placed in Column No.2 of the challan. Trial has not commenced. Involvement of the petitioner in view of the police investigation and her statement that petitioner has not committed Zina with her prima facie makes out a case of further inquiry. In these circumstances, he is admitted to bail subject to his furnishing bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of learned trial Court. H.B.T./F‑200/L Bail granted.