MUHAMMAD AKRAM Versus State

ORDER

NAZIR AHMAD SIDDIQUI, J.-- P etitioner seeks post-arrest bail in a case registered vide F.I.R. No.215 of 2005, dated 23-7-2005 under sections 10/16 of Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 at Police Station Kassowal District Sahiwal.

2. As per F.I.R., petitioner and other accused after having abducted the wife of the complainant, committed zina with her.

3. Arguments heard. Record perused.

4. There is a delay of 53 days in lodging the F.I.R., that the petitioner is behind the bars for the last more than three months and the Challan has not yet been submitted; that the alleged abductee was not recovered either from the petitioner or other accused and she has come to the house of the complainant, of her own on 17-7-2005 and she. made a statement before the learned Magistrate under section 164, Cr.P.C. in absence of the petitioner and other accused persons, wherein she had involved the sisters of the petitioner with reference to her abduction and levelled allegation of zina against the petitioner and other accused persons whereas co-accused Shah Muhammad was also shown to be present at the 'place of occurrence, as a Guard. It is not denied that the said ladies and Shah Muhammad had been declared innocent by the Police. This aspect impliedly suggests that the statement of the abductee appeared to be somewhat exaggerated; that as per birth certificate of the petitioner issued by the Secretary Union Council No.64 Chak No.718 GB, Kamalia District Toba Tek Singh, he was born on., 10-6-1990 and this entry was recorded in the record on 17-6-1990. This being so, age of the petitioner comes to 15 years, whereas the age of the alleged abductee (mother of four children) is 40 years. Seen from this angle, case of the petitioner also covered under the Juvenile Justice System Ordinance, 2000; that the alleged abductee has also filed a suit for dissolution of marriage against her husband/complainant on 21-6-2005 wherein she had not supported the story of F.I.R. and she had also filed a private complaint against her husband and others in the Court of learned Illaqa Magistrate, Khanewal negating the case set up in the F.I.R.; that there is no previous history of the petitioner of his involvement in such like cases.

5. For what has been stated above, this petition is allowed and the petitioner is admitted to bail subject to furnishing bail bonds in the sum of Rs.50,000 (Rs. Fifty thousand) with two sureties each in the like amount to the satisfaction of the learned trial Court/Duty Judge. Copy Dasti.

H.B.T./M-196/L Bail granted.