1990PCr (PLP)

S. 497

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.7 & 16

Bail, grant of

Police could not collect any evidence to show that abducted was ever living with the accused or she was ever seen in his company Abducted appeared before the police of her own and refuted the allegations made in the F.I.R.

Case being that of further inquiry, bail was granted in circumstances. Rana Bashir Ahmad Kasuri for Petitioner. Hafiz Ghulam Bari for the State. Date of hearing: 23rd September 1989. A case under section 16/7 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 stands registered against the petitioner and some others with Police Station Factory Area, Lahore, vide F.I.R. dated 22-5-1987 The case had been lodged by Younis Ali with the allegation that about four years before the registration of the case the first informant had married one Mst. Akbari Bibi. During this wedlock said Akbari Bibi gave birth to two children who were alive. About two months before the registration of the case Akbari Bibi went to the house of her parents. The petitioner alongwith witnesses went to the house of his in-laws to bring his wife, where he was informed that Akbari Bibi, wife of the first informant, had been abducted by Muazzam Beg, petitioner. When the first informant enquired about the reason of abduction, he was told by his in-laws that they would not allow Akbari Bibi to go with him and he may do any thing he wanted. It is contended by learned counsel for the petitioner that said Akbari Brbi had filed a suit for recovery of dower against the first informant in February, 1987, whereas the present case was got registered on 22-5-1987. Submits that this clearly proves that the present case was got registered as a counterblast of the said suit. Argues that there was no evidence whatsoever available against the petitioner except for the bare assertion of the first informant who was not an eye witness. The contentions have been opposed by learned counsel for the State.

2. I have heard the learned counsel and perused the file. The police has not been able to collect any evidence to the effect that said Mst. Akbari Bibi ever lived with the petitioner or any evidence that she was seen in the company of the petitioner. According to police file, said Mst. Akbari Bibi appeared of her own and made a statement wherein she refuted the allegations contained in the F.I.R. Since the police has not been able to collect any evidence so far against the petitioner, therefore, I feel that it is a case of further inquiry. In these circumstances, the petitioner is allowed bail provided he furnishes security in the sum of Rs.25,000 with two sureties, each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate concerned. S.A./A-901/L Bail allowed.