2008 PLP 360 (MLD)

M. BILAL KHAN, J.

The petitioner seeks post-arrest bail in case F.I.R. No. 520 of 2003, dated 31-10-2003 registered at Police Station Civil Lines, Gujranwala for offence under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance No. VII of 1979.

2. The allegation as contained in the F.I.R. recorded at the instance of Mst. Saeeda Bibi wife of Raees-ud-Din was that she was a resident of Karamat Colony New Civil Lines, Galli No.2 Gujranwala; that she had five daughters and three sons, out of which Mst. Asia Parveen had been married to the petitioner Shabbir Ahmed about four years back; Mst. Asia Parveen was living with her husband at his house; that at 5-00 a.m. on the day of occurrence Shabbir Ahmed came to her house and enticed away her daughter Imrana aged 12/13 years for the purpose of Zina that she and her daughter Shehnaz Akhtar along with her son Qasim saw Shabbir Ahmed making Imrana to board a Rickshaw. Resultantly the instant F.I.R. had been recorded.

3. The petitioner was arrested on 3-11-2003 and is in custody even since. His post-arrest bail application was turned down by the learned Additional Sessions Judge on 19-1-2004. Hence the instant petition.

4. I have heard the arguments addressed by Mr. A.D. Naseem the learned counsel for the petitioner, Sardar Bilal Ahmed, the learned counsel for the State and have perused the record brought by Maqsood Baig A.S.-I. Police Station Civil Line's, Gujranwala.

5. It has been observed that during the course of investigation the petitioner had been found innocent and a report for cancellation of the case had been submitted to the learned Magistrate who however, did not agree with the said report, It has also been noticed that the alleged abductee Mst. Imrana according to her National Identity Card a copy whereof has been attached with the petition is more than 24 years of age and she had sworn her affidavit that she had contracted marriage with the petitioner after the latter had divorced her sister Mst. Asia Parveen. According to Nikah Nama placed on record Mst. Asia was one of the witnesses of Nikah Nama. The case was registered as far back as on 31-10-2003. Almost sixteen months have elapsed and according to the A.S.-I. the report under section 173, Cr.P.C. has been submitted in the Court on 16-1-2005. In view of the peculiar facts and circumstances of the case the allegations levelled in the F.I.R. are to be thrashed out during the course of trial. The case of the petitioner is one of further inquiry within the contemplation of subsection (2) of section 497, Cr.P.C..

6. Resultantly this petition is allowed and the petitioner is admitted to bail subject to his furnishing bail bond in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the learned trial Court. H.B.T./S-152/L Bail granted.