2003 P Cr (PLP)

Yousaf Syed for the State. Muhammad Younas, the petitioner has sought for after-arrest bail in Case F.I.R. No.68 dated 21-2-2002 under section 10/16 of the Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) registered with Police Station Shah Jamal, District Muzaffargarh.

2. Briefly the prosecution case as per F.I.R. is that on the Thursday prior to the registration of the case i.e. 21-2-2002, Allah Bachaya alias Kala had abducted Mst. Kausar Mai the daughter of the complainant with the abetment of Muhammad Younas and Muhammad Ramzan for Zina with her.

3. It has been contended on his behalf that he has falsely been roped in that in the F.I.R. the mere allegation of abetment in the enticement of the said lady is against him; that it was an elopement with the main accused Allah Bachaya on her part and not enticement or taking away; that she had brought suit for dissolution or marriage against her husband Muhammad Yousaf which is pending adjudication before a competent Court and in the same she has not levelled any allegation of enticement or Zina against anyone; that she had made divergent statements at various stages of the case and the same makes her story doubtful and so his case is covered under subsection (2) of section 497, Cr.P.C. requiring further inquiry into his, guilt; and that he is behind the bars and previous non convict.

4. Conversely the learned counsel for the State has opposed the petition on the ground that he had abetted his co-accused Allah Bachaya alias Kala in the enticement of the said lady and thereafter had been committing Zina-bil-Jabr with her.

5. I have carefully considered the submissions made by the learned counsel for the parties with the help of available record.

6. Allegedly he had abetted his co-accused Allah Bachaya in the enticement or taking away of the said lady Mst. Kausar Mai and thereafter had also subjected her to Zina-bil-Jabr. There is on police record an affidavit dated 25-3-2002 shown to be of her (Mst. Kausar). In the same she had denied the allegation of her enticement or Zina with her by anyone. There is also the copy of plaint in suit for dissolution of marriage brought by her on 12-2-2002 against her husband. In the same too, she did not level any allegation of the sort against anyone. There are on police record her other apparently divergent statements in respect or the matter.

7. So, it is yet to be seen that if he had abetted his co-accused Allah Bachaya alias Kala in her enticement or taking away or committed Zina -bil-Jabr with her. Thus definitely, his case is covered under subsection (2) of section 497, Cr.P.C. requiring further inquiry into his guilt. He is behind the bars and stated to be previous non -convict.

8. In these circumstances of the case, I find him entitled to bail. The petition, therefore, is accepted and he is admitted to bail provided he furnishes bail Bond in the sum of Rs.50,000 (Rupees fifty thousand) with one surety in the like amount to the satisfaction of the learned trial Court. H.B.T./M-1964/L Bail granted.