AZI KHAN Versus THE STATE
ORDER
Bazi Khan petitioner has moved this petition for bail in a case registered against him and others under Article 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
2. The F.I.R. was lodged by Asmat Ullah Khan wherein he alleged that he had three daughters and the eldest of them was married. On 9-7-1987 his eldest daughter Mst. Walanak and youngest daughter Mst. Said Bibi were going for work when Qadir Bazi Khan petitioner, Sila Khan and Musthaq forcibly abducted Mst. Said Bibi in a rickshaw. The occurrence was witnessed by his daughter Mst. Walanak Bibi, Dalair Khan and Khan Mir.
3. Learned counsel for the petitioner contends that during the investigation +he petitioner has been found innocent and is being placed in column No. 2 of the challan. He further submits that in fact Mst. Said Bibi had: of her own, gone to Qadir Khan and contracted marriage with him and the petitioner has been falsely implicated. The learned State counsel does not oppose the prayer for bail.
Learned counsel for the complainant, on the other hand, submits that Mst. Said Bibi has not been recovered so far and if the petitioner is allowed bail he will abscond. It is further submitted that the ground with regard to petitioner having been found innocent during the investigation was not raised before the Sessions Court and the case is fixed before the trial Court on 24-2-1988 for framing of charge.
4. I have considered the submissions made by the learned counsel for the parties in the light of material available on the record. The case was lastly investigated by D.S.P. Headquarters, Lahore. In the zimni dated 15-2-1988 it has been stated that during the investigation it was found that the Nikah of Mst. Said Bibi was performed on 7-6-1987 m Ward No. 23, Peshawar City, whereas the prescribed was registered on 9-7-1987. It will not be out of place to mention here that according to complainant's version the alleged abductee was unmarried when this occurrence took place. According to the aforesaid zimni dated 15-2 4988, Bazi Khan petitioner was found innocent during the investigation. The bail application moved by him in the Sessions Court was dismissed on 27-1-1988 when this ground was not available to him. The S.H.O. has been directed by the D.S.P. to place his name in column No. 2 of the challan. On inquiry, the Inspector states A that amended challan is yet to be submitted in Court. In the circumstances, I feel inclined to the view that the case of the petitioner needs further inquiry. I, therefore, admit him to bail in the sum of Rs.1,00,000 (one lac) with two sureties in the like amount to the satisfaction of the trial Court.
H.B.T./B-46/L Bail granted.