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Criminal Miscellaneous No. 3531/8 of 1986, decided on 28th February, 1987.

‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10 & 11‑‑Abduction‑‑Bail, grant of‑‑Alleged abductee stating to have married co‑ accused of her own choice and no one having abducted her‑‑No allegation of abduction even by informant against accused who are in jail for about 4‑1/2 months‑‑Reasonable grounds, did not exist to believe that accused had committed offence‑‑Bail granted in circumstances.

Nemo for Petitioners.

Faruukh Humayun for the State.

A case under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 was registered at Police Station Satellite Town, District Gujranwala on 21‑5‑1986, on the statement of Mst. Naziran Bibi against Mst. Rifat, Mst. Farhat, Mst. Sakina Bibi and Iqbal alias Mangat.

2. On investigation, the police did not arrest any of the persons named in the F.I.R. Instead, the petitioners were arrested on 15‑10‑1986. Their personal remand was obtained but the police could not recover the abductee. They are in jail since then.

3. Mst. Shazia Tahira, the alleged abductee was recovered on 13‑ 2‑ 1987. She was produced before a Magistrate for recording her statement under section 164 of the Code of Criminal Procedure on 16‑2 1987. It is stated therein that 9 months ago when she was going to the school, she saw a jeep standing there in which her Nanad (sister‑in‑law) Mst. Hafizan Bibi, Ashraf and Nazir were sitting. On their call, she sat in the jeep and they took her to village Donga in District Bahawalnagar, where Ashraf and his father Amin performed her Nikah with Rafiq. She started living with him as a wife. She further stated that the police raided her house 5 days ago and brought her to Gujranwala in the absence of her husband Rafiq. She also stated that she had married Rafiq of her own choice and wanted to live with him. Her parents wanted to sell her but she was not agreeable. She also stated that her real father had performed her engagement with Rafiq. In the end, she stated that she had not been abducted by anybody.

4. It was not the case of the informant that the petitioners had abducted her daughter. It is not the case of the abductee as well that she, was abducted by them. They are in jail since 15‑10‑1986. Reasonable grounds do not appear against the petitioners of having committed the offence under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. They are, therefore, directed to be released on bail, provided they furnish bail bonds in the sum of Rupees twenty thousand each with one surety each in the like amount to the satisfaction of the Assistant Commissioner, Gujranwala.

S.A./H‑14/L Bail granted.

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