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1987 M L D 1196
[Lahore]
Before Khizar Hayat, J
KHUDA BAKHSH--Petitioner
Versus
THE STATE--Respondent;
Criminal Miscellaneous No. 1064/B of 1986, decided on 20th December, 1986.
---S. 497--Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 11 & 16--Bail, grant of--Abductee not raped according to medical examination--Vaginal swabs not stained with semen--Challan put up in Court but no progress made--Accused in jail for six months- Accused abducted minor girl with intention to commit Zina remaining to be established--Bail granted in circumstances.
Sardar Faiz Muhammad Khosa for Petitioner.
Tasaddaq Hussain Jilani, A.A.-G. for the State.
This is a petition for the grant of bail in a case registered at the instance of Muhammad Ashraf Panshal Navees vide F.I.R. No. 93, dated 26- 6-1986.
2. According to the complainant, he alongwith one Ramzan was taking a round of the canal at 4-30 p.m., on 26-6-1986 when he spotted a girl (Nasim Bibi) aged 8/9 years in the company of Khuda Bakhsh petitioner, sitting under a Shisham tree. They rounded up the petitioner as well as Nasim Bibi. It transpired that the petitioner had abducted Nasim Bibi from Bhutta Colony, D.G. Khan. Both the petitioner as well as the abductee were taken to Police Station Daira Din Panah, District Muzaffargarh, and the instant case was registered. It may be stated that some Charas and unlicensed pistol were also recovered from the petitioner and separate cases under the provisions of Prohibition (Enforcement of Hadd) Order, 1979, and the Arms Ordinance, 1965, had been registered against him. The petitioner was allowed bail in subsequently registered cases but was refused bail in the instant case, hence this application.
3. I have heard learned counsel for the petitioner as well as for the State and also perused the record.
4. The abductee was medically examined and it was found that she was not raped and the vaginal swabs prepared by the medical witness sent to the Chemical Examiner for detection of semen were also found by the Chemical Examiner as not stained with semen. Challan against the petitioner has since been put in Court for trial but no progress in the A matter has been made. The petitioner is in jail for the last six months and allegation of rape has been found to be false. It, therefore, remains to be established that the petitioner kidnapped the minor girl with intention to commit Zina with her. In the circumstances, I feel inclined to allow this petition. Khuda Bakhsh, petitioner, is directed to be released on bail subject to his furnishing bail bonds in the sum of Rupees thirty thousand (RS.3,000) only with one surely in the like amount to the satisfaction of A.C./Duty Magistrate, Kot Addu.
S.A./K-19/L Bail granted.
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