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Criminal Miscellaneous No. 1976/B of 1984, decided on 3rd September, 1984.
‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10/11‑‑Bail‑‑No allegation of Zina against accused‑‑Accused having remained in police custody for 15 days‑‑Subjected to interrogation‑‑Abductee not recovered from accused‑‑Investigating Officer having informed that there was no possibility of submission of challan before recovery of abductee‑‑No useful purpose, held, would be served by keeping accused in Jail for indefinite time‑‑ Bail granted in circumstances.
Mian Manzoor Ahmad Mohal for Petitioner.
Zahoor Ahmad Bokhari for the State.
This is an application for bail on behalf of Muhammad Mansha in case under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 registered at Police Station, Dharanwala vide F.I.R. No. 34/84, dated 6‑7‑1984.
2. The prosecution case is that the petitioner and another abducted Mst. Sheeman daughter of Jalal in order to subject her to illicit intercourse.
3. The learned counsel for the petitioner submits that there are no allegations of Zina against the petitioner and that although two months have passed yet police has not submitted challan. Conversely the learned counsel for the state has opposed this application.
4. I have considered the arguments advanced by the learned counsel for the parties with care. I find that there are no allegations of Zina against the petitioner; that the petitioner was arrested, detained by the police for 15 days; subjected to interrogation but he did not lead to the recovery of the alleged abductee. He was then sent to judicial lock‑lip. Qutab‑ud‑Din, A.S.I. informs that there is no possibility on the submission of the challan before recovery of the abductee. In the circumstances I am of the view that no useful purpose would be served by keeping the petitioner in jail for indefinite time. He is, therefore, allowed bail in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of A.C/Duty Magistrate, Chishtian.
5. It would, however, be open to the State/ complainant to move for the cancellation of bail if any further evidence comes on the record connecting the applicant with this crime.
S.A. Bail granted.
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