ATTIQUE AHMAD Versus STATE

ORDER

Attique Ahmad and Muhammad Arif petitioners brother inter se having been arrested in the case registered vide F.I.R. No.248 of 10-12-1993 under section 10 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 read with section 342, P.P.C. at Police Station City Mandi Baha-ud-Din alleging abduction of the complainant's two daughters Mst. Shabana (14/15) and Bushra (12/13), respectively for illicit fornication have preferred the present bail petition.

2. Contending former's Nikah solemnised on 10-11-1993 with Mst. Shabana witnessed by her brother Tanvir Akhtar, recourse to suit for restitution of conjugal rights responding to that of the alleged abductee's jactitation of marriage affirming affixation of her signatures on the Nikahnama though acclaiming misrepresentation on which count he has already suffered 7 months incarceration and with the submission of challan is no more required by the investigating agency, urging the last two contentions qua the second petitioner in. addition to belated lodging of the F.I.R.

3. Which has been opposed by the learned counsel appearing on behalf of the State reiterating the prosecution story inter alia banking upon the alleged abductees' statement recorded under section 161, Cr.P.C. consequent upon their recovery tending to corroborate the complainant's stance and medico-legal report coupled with that of the Chemical Examiner as to the vaginal swabs of Mst. Bushra.

4. Having heard the arguments canvassed at the Bar prima facie the contentions urged by the learned counsel concerning Attique Ahmad petitioner ex facie constituted sufficient grounds for further enquiring into his A involvement in the offence charged, in particular ascertainment of genuineness or otherwise of the acclaimed Nikah, therefore, is allowed bail upon furnishing bond in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of the trial Court.

5. Conversely the allegations levelled against Muhammad Arif prima facie corroborated by the abductee's statement conjunctively with her medico legal report and that of the Chemical Examiner qua the vaginal swabs B constitute reasonable ground for believing his involvement in the offence charged falling within the prohibition contemplated by section 497(1), Cr.P.C. renders him disentitled to the sought for concession. Consequently declining his request the petition is dismissed to his extent.

N.H.Q./A-665/L Order accordingly.