1995 PLP 1197 (MLD)

Ijaz Ahmad Khan for Petitioner. Mujtaba Ali Hamdani for Respondents Nos. 1 to

3. The complainant‑petitioner seeks the cancellation of bail allowed to respondents Nos. 1 to 3 by learned Additional Sessions Judge vide order dated 24‑8‑1994 in case F.I.R. No. 292/94, dated 22‑7‑1994 under sections 10 and 11 of the Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1.979).

2. The facts which led to registration of this case, as narrated by Muhammad Sharif of Wassanpura Lahore, briefly, are that his daughter, Abida, aged about 14/15 years, was a student of vocational institution, Shadbagh. On 4‑7‑1994, Arshad a neighbouring boy and his sister Shazia came to his house and took his daughter Abida alongwith them on the pretext of filling in some form for getting loan. He waited for the return of his daughter but she did not come home till evening. Ultimately, he came to know that Arshad had abducted his daughter, Abida, in connivance with his brother, Amjad, his mother, Mst. Hafeezan and sister, Shazia. Arshad has not so far been arrested.

3. Learned counsel for the petitioners contends that according to the certificate issued by the school authorities, Mst. Abida, abductee was minor being 14 years and 8 months old; that Arshad has not so far been arrested and the police has not been able to recover Abida from the possession of the accused persons. In these circumstances, there was no justification whatsoever for confirmation of bail of respondents Nos.l to 3 by the learned Additional Sessions Judge.

4. Learned counsel for the respondents, however, points out that Amjad is Manager Finance, H.Q. WAPDA and had been in the office of General Manager right from opening of the office till late in the evening. To this effect a certificate has been issued by his General Manager which is on the record. The mother and the sister had played no part in the alleged abduction as Mst. Hafzan is a house‑wife whereas Shazia is her younger daughter and is unaware of the occurrence. Both have been declared innocent by the police. Learned counsel also points out that there is no entry of the birth of Abida as alleged by the complainant in the record of Municipal Corporation, Lahore and certificate relied upon by the prosecution is, therefore, unfounded and baseless.

5. I have heard arguments of both the sides and have also gone through the record. All the three co‑accused have been found innocent during the investigation. Amjad is alleged to have remained in the office of his General Manager on the day of occurrence and to this effect a certificate has been issued by his General Manager. Although Arshad has not so far been apprehended nor the abductee has been recovered, nevertheless, in the given situation I do not feel that the apprehension of the petitioners (respondents) would in any way advance the cause of justice. There appears to be no merit in this petition which is hereby dismissed. The Investigating Officer is present. He is, however, directed to put in his best to ensure apprehension of Arshad accused and so also recovery of the alleged abductee. H.B.T./M‑1974/L Petition dismissed.