MANZOOR AHMAD Versus THE STATE

ORDER

Petitioner Manzoor Ahmad alias Manza has moved this post‑arrest bail petition under Section 497/498, Cr.P.C. in a case registered against him finder section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 at Police Station Nishatabad, Faisalabad, vide F.I.R.No. 183/87, dated 25‑6‑1987.

2. Learned counsel for the petitioner has contended that there is delay of five days in lodging the F.I.R. and that no satisfactory explanation thereof was given by the complainant. Learned counsel submitted that the alleged abductee is the legally‑wedded wife of the petitioner and that she is sui juris person aged 15/17 years. Learned counsel maintained that alleged occurrence took place on 21‑6‑1987 and that the petitioner was arrested by the Police on 20‑9‑1987 and since then he is behind the bars It is next urged by the learned counsel that all the co‑accused have been allowed bail. The learned State counsel has opposed the grant of bail to the petitioner. Learned counsel stated that the abductee did not join the investigation. It is also argued by the learned counsel that the case does not fall under the prohibitory clause.

3. I have heard the learned counsel for the parties and have perused the record. The petitioner is behind the bars for the last more than six months. The trial of the petitioner has not commenced so far. The abductee is admittedly a sui juris person and that the plea of the petitioner is that he has married the abductee in accordance with Muslim law. Be that as it may, this is a case of further enquiry. Accordingly the petitioner is admitted to bail in the sum of Rs.80,000 (Rupees eighty thousand) with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Faisalabad.

S. A. /M‑655/L Bail granted.