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Criminal Miscellaneous No. 891/13 of 1983, decided on 9th July, 1983.

---S.497/498--Penal Code (XLV of 1860), Ss. 366 & 376--Bail--offence of abduction and rape--Abductee discharged and made a witness, absolving accused and stating that she herself walked over to accused and contract, marriage with him of her free will--Whether accused committed offence charged with a matter of further inquiry--Bail allowed.

Mian Abbas Ahmad for Petitioner.

Abdul Majid Sindhu for the State.

This bail petition has been filed on behalf of Habib who stands arrested on the allegation of having abducted Mst. Hamida Bibi an committed rape with her.

2. According to the F.I.R. lodged by one Ghulam Mustafa on 21 March, 1983 at Police Station Kot Chhutta, his wife Mst. Hamida had disappeared on 3rd March, 1983 from his house. Ghulam Farid told that Mst. Hamida was being taken forcibly on horseback by the petition and few others. Mst. Hamida, the alleged abductee, was recovered on 3rd June, 1983 and was arrested as a co-accused in this case. It appear, from the record that she was discharged by a Magistrate on 21st June 1983 as according to him she was abducted forcibly and, therefore, she could at best be a witness in the case. Muhammad Nawaz Khan, D.S.P. who investigated this case ultimately held that the petitioner as well Mst. Hamida were guilty and the rest of the persons named in the F.I.R were innocent. Consequently, all the co-accused of the petitioner were granted bail. The petitioner's bail application was declined by Additional Sessions Judge on 23rd June, 1983, hence this application.

3. I have heard the learned counsel for the petitioner as well as the State and also perused the record.

4. Admittedly the incident was reported with a delay of 15 clays. Mst Hamida, the alleged co-accused, has since been discharged and made witness in this case. Her statement recorded during the investigation on 3rd June, 1983 clearly absolves the petitioner from the charge of abduction and rape. Rather she averred that she was not married to Ghulam Mustafa and that she had herself walked over to the petitioner and contracted marriage with him of her free will.

5. In the circumstances, the case of the petitioner is certainly one of further inquiry as to whether he committed an offence with which he is charged or not Consequently, I allow this petition. He be released on bail subject to his furnishing a bond in the sum of Rs. 10,000 (Rupees ten thousand only) with one surety in like amount to the satisfaction of Assistant Commissioner /Duty Magistrate, Dera Ghazi Khan.

M. Y. H. Bail granted.

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