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Criminal Miscellaneous No: 3185 of 1982, decided on 16th February; 1983

-- S. 497 read with Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 16 & 16 -- Bail, grant of-Alleged victim of abduction and Zina making divergent statements on different occasions- Prosecutrix also not examined medically and as such no evidence available about Zina-Held: A case of further inquiry-Petitioners released on bail, in circumstances.

Shah Ahmad Baloch for Petitioner.

Muhammad Arshad Qureshi for the State.

Date of hearing: 16th February, 1983.

This is a petition for bail submitted by Muhammad Sarwar and Muhammad Mansha petitioners who are involved in offences punishable under sections 10 and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.

2. The case against them arises out of F. I. R. No. 103, dated 8th July, 1982 of Police Station, Pir Mahal, District Toba Tek Singh, The case has been registered about li months after the alleged abduction of Mst. Zahida, wife of Liaqat Ali complainant with whom Muhammad Mansha petitioner, had allegedly developed illicit relations.

3. The abductee, however, filed an application before the District Magistrate, Sahiwal stating there that she voluntarily came to the house of one Jalla her relation in village Baseera, Tehsil and District Sahiwal, as, she did not like to live with Liaqat Ali with whom her marriage was performed but Rukhsati had not yet taken place. She contended that she was not abducted by anybody. She also filed a suit for dissolution of marriage before the Senior Civil Judge, Sahiwal, on 21st June, 1982 against complainant seeking her marriage with him to be dissolved, on the ground of Khula etc. Mst. Zahida subsequently filed a constitutional petition before the Multan Bench of this Court seeking direction against the S. H. O. Police Station Pir Mahal that he should not harass and humiliate her. On 29th July, 1982 she made a statement on solemn affirmation before the Magistrate 1st Class, Faisalabad, that she was not abducted by Mansha etc. and that the Police and Liaqat Ali complainant were compelling her to make a false statement against them. With similar allegations, she filed an application before the Duty Magistrate, Faisalabad, requesting that she be sent to Darul Aman. Subsequently, on 9th August, 1982 the Investigating Officer made a statement before the Additional Sessions Judge, . Toba Tek Singh, that the abductee Mst. Zahida was sought to be entered in the list of witnesses pursuant of this statement she was released on bail and thereafter she got recorded a statement under section 164, Cr. P. C. and in this statement she alleged that Mansha and Sarwar petitioners indulged in excess against her.

4. In view of the divergent statements made by the abductee, on different occasions it becomes a case of further enquiry so far as the petitioners are concerned. The abductee has not been medically examined and, therefore, there, is no medical evidence about Zina.

5. In the above circumstances, the petitioners ate admitted to bail in the sum of Rs. 15,000 (Rs. Fifteen Thousands only) with one surety each in the like amount to the satisfaction of A. C. Toba Tek Singh.

S. G. D. Bail allowed.

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