1994 P Cr (PLP)

S. 497

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10/16

Penal Code (XLV of 1860), S. 337-A/452

Bail, grant of-- Accused had allegedly caused a hatchet injury to prosecution witness during the course of abduction of the abductee from the house of her parents and committed rape with her

Accused was refused bail in circumstances. Akhtar Ali Qureshi for Petitioners. Sh. Imdad Hussain for the State. This is an application for grant of bail on behalf of Fayyaz Hussain, Ijaz Hussain and Riaz Hussain who have been arrested in case F.I.R. No. 47/1993 registered at Police Station Sanawan for offences under section 10/16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 read with sections 337-A and 452, P.P.C. on the complaint of Ghulam Akbar, father of the alleged abductee Hayat Bibi alias Jiran Mai.

2. According to the prosecution, Ghulam Akbar complainant alongwith his family members were asleep in the house when the petitioners alongwith three others duly armed with deadly weapons criminally trespassed in the house and forcibly took away Mst. Hayat Bibi and when the inmates of the house tried to rescue the abductee, they were beaten by them. Fayyaz, petitioner is stated to have caused hatchet blow to Ghulam Mustafa P.W., uncle of the abductee.

3. Petitioners bail was declined by the lower Court. Hence this application.

4. I have heard learned counsel for the petitioners as well as the State and also perused the record. It is contended that co-accused of the petitioners namely Muhammad Iqbal, Ghulam Abbas and Allah Bakhsh have been released on bail by this Court vide order, dated 16th of August, 1993 passed in Criminal Miscellaneous No.1053/B of 1993 and that the case of the petitioners is identical to them, therefore, the petitioners are entitled to the concession of bail. Learned counsel appearing on behalf of the State vehemently opposed the bail of Fayyaz saying that the abductee has alleged that she was subjected to rape by him, that she has not admitted her Nikah with Fayyaz and that the Nikahnama relied upon by Fayyaz was not produced during investigation, therefore, it appears to be an afterthought and doubtful.. Further he states that as far Ijaz Hussain and Riaz Hussain petitioners are concerned, their case is identical, to those already allowed bail by this Court.

5. In view of the facts stated above, I hereby applying the rule of consistency allow bail to Ijaz Hussain and Riaz Hussain on furnishing their bail bond each in the sum of Rs.10,000 (Rs. ten thousand) with A one surety each in the like amount to the satisfaction of A.C./Duty Magistrate, Kot Addu.

6. The case of Fayyaz Hussain is however, on different footing. There is allegation of committing rape with Mst. Hayat Bibi, abductee against him and that he also caused injury to Ghulam Mustafa, P.W., with hatchet during the 8 course of abduction of Mst. Hayat Bibi from the house of her parents, therefore, he is not entitled to grant of bail, this petition to this extent is dismissed. N.H.Q./F-112/L Order accordingly.