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Criminal Miscellaneous No. 499‑B of 1985, decided on 26th March, 1985.

‑‑S. 497‑‑Penal Code (XLV of 1860), S.365‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 11/16 Whether accused played any part in alleged abduction of a lady who was herself an accused and not yet recovered not certain‑‑Bail allowed.

M. Aslam Riaz for Petitioners.

Akhtar Shabbir, A.A.‑G. for the State.

This is a petition for bail. The background is that at the instance of Noor Muhammad complainant F.I.R. was lodged on 16‑1‑1984 in respect of the abduction of his wife, namely, Mst. Zainab Bibi and accordingly a case was registered under section 16/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 read with section 365, P.P.C. against the petitioners alongwith others. However, on 22‑8‑1984 statement was recorded under section 164, Cr.P.C. of Mst. Zainab Bibi by a Magistrate in which she stated that she had not been abducted by anyone, that her husband, namely, Noor Muhammad complainant had given beating to her and that since she was afraid that he might murder her she left him alongwith her child and came to stay with some of her relatives. Subsequently, she learnt from her brother, namely, Mansha, that Noor Muhammad complainant had lodged an F.I.R. against eight persons including the present petitioners levelling the allegation that they had forcibly abducted her. On getting this information she came to the Court of a Magistrate alongwith her brother Mansha and got her statement recorded under section 164, Cr.P.C. to the effect that she had not been abducted by anyone and that she would like to stay with her brother Mansha in his house as she was not on good relations with her husband, namely, Noor Muhammad complainant. Now the present position is that the same Noor Muhammad has filed a private complaint against the present petitioners (who were also included as accused in the previous F.I.R.) under section 16/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 read with section 365, P.P.C. In the private complaint Mst. Zainab Bibi, the alleged abductee has been made an accused alongwith the present petitioners as well as one Khan, Mst. Sattan, Mst. Sardaran and one Ahmed Yar. Mat. Sattan and Mst. Sardaran have already been admitted to bail by the Additional Sessions Judge, Faisalabad, vide his order, dated 14‑1‑1985 but he declined to allow bail to the present petitioners and rejected their application on 16‑2‑1985 for the reason that this was case of second abduction of Mst. Zainab Bibi by the petitioners and others because Khan co‑accused had developed illicit relations with her. The Additional Sessions Judge has wrongly observed that previously was abducted by the same Khan co‑accused alongwith the present petitioners when they were duly armed with lethal weapons and accordingly a case was registered, vide F.I.R., dated 16‑1‑1984 at Police Station, Syedwala, District Sheikhupura but in that case the abductee Mst. Zainab Bibi was returned due to the intervention of the respectables of the locality. This is factually untrue. She was not returned to Noor Muhammad complainant but she made a statement before the Magistrate that she was not abducted by anyone and that since her husband had beaten hue, she wanted to stay on with her brother Mansha. Whatever is the result of the private complaint as against the petitioners, in my view case for the grant of bail is made out in favour of the petitioners as prima facie it is not certain as to whether they had played any part in the alleged abduction of Mst. Zainab Bibi who herself is accused and has not yet been recovered. Be that as it may, A since the case of the grant of bail is made out in favour of the petitioners I admit them to bail subject to their furnishing security in the sum of Rs.10,000 each with one surety each in the like amount to the satisfaction of A.C., Faisalabad. This petition is disposed of.

M. Y. H. Bail grantee

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