WASIM Versus STATE

ORDER

Bail was sought in the case registered vide F.I.R. No.227 of 4-9-1993 under section 10/il of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Gulberg, Faisalabad at 2-45 p.m. alleging abduction of the complainant's unmarried young daughter Mst. Muneeba Bibi by the petitioner alongwith co-accused Baoo Waraich at 1-00 p.m. spiriting her away in green-coloured automobile bearing registration mark TS/6446 within the presence of her mother raising hue and cry subsequent to causation of firing by the petitioner alongwith Haq Nawaz co-accused at their house a week ago riding another vehicle bearing No.SHJ/5400.

2. Contending that recording of the co-accused's innocence by the Investigating Officers adversely reflects on the veracity of the prosecution story and even the abductee upon her recovery effected on 6-9-1993 has only alleged attempted rape by the petitioner before the Magistrate's Court in her statement under section 164, Cr.P.C. despite police tutoring during the breathing period provided by the Magistrate, which has been opposed by the learned counsel appearing on behalf of the State reiterating the prosecution story.

3. Having considered the arguments canvassed at the Bar I am not persuaded by the contentions urged by the learned counsel for the petitioner because the victim in a promptly reported day light abduction at gun point has fully supported the prosecution story explicitly particularising the petitioner as the principal accused, having no recorded motive to falsely implicate him for the offence charged, prima facie constituting reasonable grounds for believing his involvement in the offence charged renders him disentitled to be sought for concession and is accordingly hereby dismissed.

N.H.Q./W-48/L Bail refused.