1988 P Cr (PLP)

Ch. M. Abdus Saleem for Petitioner. Sardar Muhammad Khurshid for the State. This is a petition for bail on behalf of Muhammad Ramzan alias Jani, who is involved in a case under Articles 10 and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979.

2. The case was registered on 17-2-1986 on the basis of a written complaint made by Muhammad Yaqoob, wherein he alleged that 6/7 months earlier his married daughter Mst. Rehmat Bibi, wife of Yousaf, was abducted by Nazir Ahmad, Allah Ditta, Jani (petitioner herein) and Mst. Sardaran Bibi. The S.H.O., P.S. Renala Khurd and A.S.I. Rehman were informed of the abduction, but they did not register any case.

3. On 8-11-198E Muhammad Khan, co-accused of the petitioner, left Mst. Rehmat Bibi, the alleged abductee, at the house of her father. On i7-11-1986 Mst. Rehmat Bibi made a statement under section 164 of the Cr.P.C. wherein she stated that two years back she boarded a wagon from Bhoenki Morr for going to her house, but the wagon, after covering some distance, turned towards Lahore side. Nazir, Allah Ditta and Ramzan were sitting in the wagon. They took her to the house of Mst. Sardaran where Ramzan petitioner committed Zina with her. Thereafter, the aforesaid accused persons took her to the house of Muhammad Shafi, situated in Chak No. 10, District Khoshab, who kept her for one and a half years where his son had been committing Zina with her. Thereafter, Muhammad Shafi sold her to Muhammad Khan for Rs.23,000 who also had been committing Zina with her. After that said Muhammad Khan left her at the house of her parents.

4. Learned counsel for the petitioner contends that the petitioner has been found innocent during the investigation of the local police as well as the D.S.P., Crime Branch. It is further submitted that during the investigation it transpired that Mst. Rehmat Bibi is a woman of easy virtue and is in the habit of leaving the houses of her husband and father for long intervals. He submits that except the statement of Mst. Rehmat Bibi, whose position is that of an accomplice, no other evidence is available with prosecution about the abduction and commission of Zina. Learned State counsel does not controvert these contentions.

5. On inquiry, Haji Ghulam Dastgir, D. S. P. states that during investigation Ramzan petitioner has been found innocent and he has already submitted a report to the Inspector-General of Police in that) regard. In the circumstances, I admit the petitioner to bail in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of A.C. Chunian. H.B.T./M-568/L Bail granted.