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Criminal Miscellaneous No. 2772/B of 1983, decided on 14th December, 1983.

‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 7, 11 & 16‑‑Bail‑‑Accused not named in F.I.R.‑Only evidence against accused, was belated supplementary statements of P Ws, recorded under section 161, Cr.P.C. alleging that they received information that abductee and abductor were in house of accused'‑‑Accused telling P.Ws. that he could arrange production of abductee if case against him was with drawn‑‑No allegation that accused facilitated or abetted abduction‑ Abductee also accused in case‑‑Accused at most could be proceeded for giving shelter to absconding accused‑‑Case of further' inquiry, held, made out‑‑Bail allowed.

M. Akmal Saleemi for Petitioner.

Shah Muhammad Chughtai for the State.

Date of hearing: 14th December, 1983

Petitioner seeks bail in case F.I.R. No. 92 of 1983, under sections 7, 11 a 16 of the offences of Zina (Enforcement of Hudood) Ordinance, 1979, dated 16‑5‑1983 of Police Station Gogera, District Okara.

2. The name of the petitioner does not appear in the F.I.R. The only evidence against the petitioner was that P.Ws. who had been examined on 4‑6‑1983 under section. 161, Cr.P.C. had in their supple mentary statements made on 7‑6‑1983, had stated that they, had received information from a Mukhbar that Mst. Manzuran and Bahsha were in the house of the petitioner. They had gone to the house of the petitioner. Mst. Menzuran and Fakhsha were not found there. On inquiry the petitioner told them that he can arrange the production of Mst., Manzuran if the case is withdrawn.

3. There was no allegation that the petitioner had facilitated the abduction of Mst. Manzuran. The A.S.I., who is present in Court, has stated that Mst. Manzuran is also an accused in this case and the police wants to arrest her alongwith Bakhsha, who has been named as accused in the F.I.R.

4. If this been the position, the petitioner can be proceeded against for having given shelter to the absconding accused. Whether he is involved in this case or not is a matter of further inquiry as no other evidence of his having abetted or assisted in the abduction of Mst. Manzuran lass been collected except the supplementary statements of Allah Din and Shah Muhammad.

5. In the circumstances, the case of the petitioner falls within the enabling provision of section 437, Cr.P.C. He shall be released on bail on furnishing bail bonds in the sum of Rs.20,000 with two sureties each in the like, amount, to the satisfaction of Assistant Commissioner, Okara.

M.A.K. Bail granted.

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