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Criminal Miscellaneous No. 791/B of 1983/BWP, decided on 10th September, 1983.
---S. 497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10(2) & 11--Penal Code (XLV of 1860), S. 448--Bail Abductee not recovered from accused during police remand, accused sent to judicial lock-up and challan yet to be submitted--No useful purpose likely to be served by keeping accused in jail for indefinite period Bail granted.
M.F. Mahmood for Petitioners.
Z.A. Bokhari for the State.
A . R . Tayyib for the Complainant.
This is an application for bail on behalf of Nazik, Sadiq and Noor Ahmad petitioners in a case under sections 11, 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and 448, P.P.C. registered at P.S. Ahmadpur East, vide F.I.R. No. 70/83, dated 18-3-1983.
2. The prosecution case is that the petitioners and others abducted Mst. Nasim Mai in order to subject her to sexual intercourse.
3. Learned counsel submits that although the petitioners were arrested 5 months ago yet no challan has been submitted so far.
As against this, the learned counsel for the State assisted by the learned counsel for the complainant has seriously opposed this Application on the ground that the alleged offences fall within the Prohibitory clause of section 497, Cr.P.C.; that Mat. Nasim Mai has not been recovered so far and that the members of the petitioner party have murdered Abdul Majid, the brother of the abductee and as such they are not entitled to the concession of bail.
4. After hearing the learned counsel and going through the record, I find that the petitioners Nazik, Sadiq and Noor Ahmad were arrested on 13-4-1983, 4-5-1983 and 4-5-1983 respectively; that they were interrogated by the police during police remand; despite that the abductee was not recovered from them; that they were sent to judicial lock up on 10-5-1983 and since then they are in jail, and that the challan has not been submitted so far. I am of the considered opinion that in these circumstances, no useful purpose would be served by keeping the petitioners in jail for indefinite time. They are, therefore, allowed bail fn the sum of Rs.10,000 with one surety each in the like amount to the satisfaction of A . C /Duty Magistrate Ahmadpur East. It would be open to the complainant /state to move for cancellation of bail of the petitioners in case after her recovery, the abductee implicates the petitioners in the commission of crime.
M. Y. H. Bail granted.
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