1992 P Cr (PLP)

‑‑‑‑S. 497‑‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.16‑‑‑Bail‑‑‑Accused was named in the F.I.R. who had even earlier abducted the complainant's wife‑‑‑Vaginal swabs were found stained with semen although before her arrest she was admittedly not living with her husband and was arrested with the accused‑‑‑Case was still under investigation‑‑‑Bail was refused to accused in circumstances. Muhammad Azim Bhaur for Petitioner. Malik Muhammad Akram Awan for the State, Petitioner seeks bail in a case registered with Police Station City Chiniot, for an offence under section 16, Offence of Zina (Enforcement of Hudood) Ordinance, 1971). The case was got registered by Anwar Ali with the allegation that he was married to Mst. Fateh Bibi 14/15 years earlier. From this wedlock they had three daughters. Two/three years before the registration of case said Mst. Fateh Bibi developed illicit relations with Samar Abbas petitioner who abducted her. The first informant through others tried to get his, wife back whereupon the petitioner sent her to Darul Aman from where the first infromant brought her back. Said Mst. Fateh Bibi kept on meeting the petitioner. On 15‑2‑1991 when the first informant was not at home she slipped away. On inquiry it transpired that she had run away with the petitioner. Both of them lived together. When the petitioner was contacted he promised to return her, instead on 31‑3‑1991 she was sent to Darul Aman. It was contended by learned counsel for the petitioner that the case is absolutely false. The alleged abductee had filed a suit for dissolution of marriage. Argued that admittedly the abductee was in Darul Amaan from where she was arrested by the police, on 16‑7‑1991. Argued that in these circumstances the petitioner cannot be held responsible for abduction or Zina. Petition has been opposed by learned counsel for the State.

2. I have heard the learned counsel and gone through the file. Petitioner is named in the F.I.R. Earlier he had also abducted Mst. Fateh Bibi, wife of the first informant. It is admitted that before her arrest she was not living with her husband, while vaginal swabs were found stained with semen. The alleged abductee has also been arrested with her co‑accused in this case. The case is still under investigation. No ground for bail' is made out at this stage. Petition fails and is dismissed. N.H.Q./S‑110/L Bail refused.