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Criminal Miscellaneous No. 962/8 of 1986, decided on 21st April, 1986.

‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 11‑‑Bail, grant of‑‑No allegation of Zina levelled by abductee‑ Family honour not played with‑‑Exercise of discretion to grant bail in favour of accused, considered proper in circumstances.

Taki Ahmad Khan for Petitioner.

Muhammad Sharif Butt for the State.

The petitioner who has been named as an accused in case F.I.R. No. 438 of 1985, Police Station Hafizabad, registered on 16‑12‑1985 on the statement of Abdul Ghafour under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, seeks bail, inter alia, on the ground that the alleged abductee although after recovery in her statement recorded under section 164, Cr.P.C. has levelled allegation against him of having abducted her but has not levelled any allegation of Zina having been committed upon her.

The A.S.I, states that her medical examination has not been conducted as she was not willing for that.

It is in the light of these facts that I find weight in the argument of learned counsel for the petitioner that intentions of the petitioner to play with honour of family of the complainant, do not appear to have been made out.

The contention of learned counsel for the petitioner that had the abductee remained in exclusive company of the petitioner, he, in all probability, would not have allowed her to escape without damaging her chastity, is also not without force.

In this view of the matter, I feel inclined to exercise discretion in favour of the petitioner He shall be released on bail provided he furnishes bail bond in the sum of Rupees twenty thousand with one surety in the like amount to the satisfaction of A.C. Hafizabad.

S.A. Bail granted.

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