BASHIR AHMED Versus STATE

ORDER

Petitioner is one of the accused in case F.I.R. No.212 registered at Police Station Gagoo, District Vehari on 27-7-1991 under section 16/10 of Ordinance VII of 1979 read with sections 467,.468 and 471, P.P.C. on the statement of Muhammad Akram complainant.

2. The allegations against the petitioner are that during the course of Shamim Akhtar's abduction by Mahboob Alam co-accused and their sojourn at different places, he also happened to commit Zina with her.

2. It is argued on behalf of the petitioner that the principal accused, according to the circumstances of the case, was Mahboob Alam and if he was interested in marrying the abductee, then ordinarily he would not allow the petitioner to commit Zina with her and in these circumstances, it becomes a case of further enquiry. It is contended that the petitioner is an aged person, being the father of ten children, and he is not supposed to indulge in immoral activity like the one attributed to him.

4. Learned counsel for the State is not inclined to oppose the bail application. However, the application has been opposed by the complainant's counsel. He submits that the petitioner alongwith Mahboob Alam and Muhammad Ramzan jointly enticed away the lady from the house of her brother Muhammad Akram complainant and there are specific allegations of Zina-bil-Jabr against the petitioner. He complains that it is due to the malingering conduct of the petitioner that the commencement of trial was delayed and by this time only three witnesses have been recorded.

5. The petitioner, who is said to be ailing in the Jail Hospital and is father of a number of children, has been in the lock-up for the last 8/9 months I and has undergone sufficient ordeal. His co-accused, including Mahboob Alam, have already bailed out. He is, therefore, granted bail if he furnishes bail bond in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of the trial Court.

N.H.Q./B-40/L Bail allowed.