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Criminal Miscellaneous No. 38/B of 1982, decided on 10th March, 1982.

----S. 497-Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)-Bail grant of-Petitioners arrested and interrogated Yet prosecutrix not recovered from them nor allegation of rape yet - made against them-Bail allowed, in circumstances.

Syed Murtaza Ali Zaidi for Petitioners.

Bashir Mirza for the State.

This is an application for bail on behalf of Ghulam Nabi and Ghulam Hassan petitioners in a case under section 16 of the offence of Zina (Enforcement of Hudood) Ordinance, 1979 registered at Police: Station Leiah, vide F. I. R. No. 277/81, dated 8th October, 1981.

2. The prosecution case is that the petitioners with two others or took away Mst. Allah Wasai with intent that she may be subjected to illicit intercourse.

3. The learned counsel for the petitioners submits that there is no allegation of rape against the petitioners and that the offence under sec tion 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 19'79 is not punishable with 10 years or more and as such grant of bail is a rule. As against this the learned counsel for the State assisted by the learned counsel for the complainant has opposed this application. He submits that the commission of an offence under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 is made out from the F. I. R., which falls within the prohibitory clause and as such the petitioners are not entitled to the concession of bail.

Muhammad Yusaf A. S. I. informs that the petitioners stand arrested under section 16 of the Offence of Zina (Enforcement of Hudood) Ordi nance, 1979 and that section 11 has not been added so far. Be that as it may the fact remains that the petitioners were arrested by the police, they were interrogated, they remained in the custody of the police for several days and Mst. Allah Wasai could not be recovered from them. In these circumstances, I am of the opinion that no useful purpose would be served by keeping the petitioners in the jail. There is no allegation of rape against them., They are admitted to bail subject to their furnishing bail bonds in the sure of Rs. 20,0()0 each with one surety each in the like amount to the satisfaction of the Assistant Commissioner/ Duty Magistrate, Muzaffargarh.

It would be open to the State and the complainant to move for the cancellation of the bail granted to the petitioner in case Mst. Allah, Wasai after her recovery implicates the petitioners in the commission of the crime.

S. G. D. Bail granted.

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