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Criminal Miscellaneous No. 394/8 of 1985, decided on 30th April, 1985.

‑‑‑S.497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10, 11 & 16‑‑Bail, grant of‑‑Accused with his accomplices abducting daughter of complainant‑‑Abductee after her recovery making statement that she was raped by accused‑-Accused found innocent by two Investigating Officers‑‑Case, held, Was of further probe‑‑Bail allowed.

S. Asif Saeed Khosa for Petitioner.

Akbar Farid Khan for the State,

Date of hearing: 30th April, 1985.

This is an application for bail on behalf of the petitioner in a case under section 10/11/16 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979.

2. According to the facts narrated in the F.I.R Mst. Pathani, the daughter of Allah Bakhsh, the complainant, was married to Wahid Bakhsh son of Lal. She gave birth to female child who is seven years old. Wahid Bakhsh had divorced Mst. Pathani and she was living in her parental home. Ashiq the petitioner wanted to marry Mst. Pathani and the complainant had put forth a demand of an adult female from his side to be married in the family of the complainant: The petitioner could not arrange for the same and with his accompanies while armed with a Sota, is stated to have abducted Mst. Pathani. Mst. Pathani was recovered and she made a statement that she was raped by Muhammad Ashiq.

3. The police record was summoned which shows that the investigation conducted by Abaidullah Khan, S.I., and Ahmad Khan, D.S.P., revealed that the petitioner was innocent. In this manner, it is a case of further probe. I allow bail to the petitioner in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of the A.C./Duty Magistrate, Rajanpur till the disposal of the case against him.

H.A.K. Bail allowed.

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