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Criminal Miscellaneous No.2318/B of 1985, decided on 17th November, 1985.

‑‑‑S.497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10 & 11‑‑Bail, grant of‑‑F.I.R. lodged with inordinate delay‑ Abductee according to investigation, had accompanied accused willingly‑ Accused remained behind bars for more than four months‑‑Genuineness or otherwise of Nikahnama between accused and abductee, was yet to be gone into‑‑Other co‑accused having been found innocent by Police‑ Case found to be of further inquiry‑‑Bail granted in circumstances.

Sh. Muhammad Akbar for Petitioner.

Ghulam Muhammad Khurshid for the State.

The petitioner alongwith 6 others is charged with the abduction of Mst. Nusrat Shamim aged 22/23 years and for committing rape with her.

2. It is contended that the alleged occurrence took place on 7‑4‑1985 whereas the F.I.R. was lodged on 27‑5‑1985. It is further stated that the abductee is related to him and had solemnized marriage of her own free will. Copy of her Nikahnama dated 16‑4‑1985 has been produced. It is also stated that except the petitioner all the six co‑accused have been found innocent by the police. Ata Ullah Wazir, A.S.P., Hafizabad who had also carried out investigation of the case had opined that the abductee had accompanied the petitioner willingly and that the story set up by the prosecution was not correct. The petitioner is said to be behind the bars since 29‑6‑1985. The genuineness or otherwise of the Nikahnama between the petitioner and the abductee is yet to be gone into. The investigation is complete. All the other co‑accused have been placed in column No.2 by the police.

3. In these circumstances, I consider it to be a case of further enquiry. Accordingly, I admit the petitioner to bail in the sum of Rs.20,000 with two sureties in the like amount to the satisfaction of A.C. Hafizabad.

H.A.K Bail granted.

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