FATEH MUHAMMAD Versus THE STATE

ORDER

Fateh Muhammad and Amir petitioners have moved this petition for bail in a case registered against them and others under Articles 11 and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.

The prosecution version is that three months prior to 6th February, 1983 Allah Rakha (since dead) and the other members of his family slept at their Dera. In the early hours of morning wife of Allah Rakha woke up to find that her daughter Mst. Fazlan, aged 21,/'2 years, was missing. She raised alarm attracting Muhammad Ram‑rar complainant, Muhammad Bakhsh and Abdur Rehman. They alongwith Allah Raklia set out in search of Mst. Fazlan. Ahmad Khan P.W. informed them that he had seen a woman going in the company of the petitioners and others. Muhammad Ramzan complainant reported the matter to the police on 6th February, 1983.

2. I have learned counsel for the petitioners contends that there is a delay of three months in lodging the F.I.R. and the petitioners have been found innocent during the investigation, therefore, they were entitled to the concession of bait. The learned State counsel has opposed the prayer. He submits that the abductee has not been recovered so far, therefore, it is not a fit case for bail.

3. I have gone through the relevant material. Perusal of the F.I.R. shows that it was a case of elopement. and not abduction. The D.S.P. investigated the case and found the petitioners to be innocent which makes the case one of further inquiry. I, therefore, admit the petitioners to bail in the sum of Rs. 20,000 each with one surety each in the like amount to the satisfaction of Assistant Commissioner, Khushab.

S.A./F‑88/L

Bail granted.