MUHAMMAD ISMAIL Versus STATE

ORDER

This is a petition for grant of bail on behalf of Muhammad Ismail who stands arrested in case F.I.R. No.51/1992, dated 28-3-1992, under sections 10 and 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, .1979, registered at Police Station Mitru, District Vehari. His earlier bail plea has been dismissed by the lower Court. It is stated that co-accused of the petitioner are on bail.

2. According to the prosecution, on 27-3-1992 Muhammad Ismail petitioner alongwith 8 others having armed themselves with deadly weapons trespassed intd'the house of Imam Bakhsh complainant and forcibly abducted Mst. Riaz Bibi, his daughter. She is aged about 22 years who is married to Allah Ditta but (according to the complainant) her Rukhsati had not taken place. The case was registered on the next day and about three weeks later the abductee was recovered from the house of one Muhammad Din on the information supplied by Noor Muhammad, father of petitioner. According to the medical report the prosecutrix was found to have been subjected to rape.

3. It is contended that the petitioner is in jail for the last 8 months and no evidence in the case has been recorded. This assertion is not controverted by learned counsel for the State.

4. I have considered the facts and circumstances of the case and find that the petitioner at the time of occurrence was allegedly armed with gun but nobody during the incident was injured with a gunshot; that the abductee was recovered from the house of one Muhammad Din at the instance of father of the petitioner; and that the petitioner being in jail without trial for the last 8 A months, hence he is entitled to the grant of bail. Consequently, I allow this petition and direct that the petitioner be released subject to his furnishing bail bond in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of trial Court.

N.H.Q./M-1373 L Bail allowed.