SHABBIR ALIAS BABU Versus STATE

ORDER

The petitioner alongwith his co-accused is accused of offences under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 vide F.I.R. No.353/93, dated 5-7-1993 registered at Police Station Phoolnagar, District Kasur.

2. According to the F.I.R. in brief, the petitioner is alleged to have, committed Zina-bil-Jabr with Mst. Seeman Bibi.

3. The learned counsel for the petitioner, the State and the complainant have been heard at length in respect of the contentions raised herein. Admittedly, the alleged abductee is alleged to have been abducted 20/25 days before the registration of the case in question but no complaint regarding her being missing from the house was lodged; nor she was recovered from the custody of the accused named herein and had, in fact, made her way back home of her own from the place where she was allegedly confined, two days before the registration of the case, and admittedly five of the co-accused of the A petitioner have been declared innocent in the instant case. Further taking into consideration that according to the contents of the F.I.R. itself, the alleged abductee had been taken to various places but no one has been named as a witness of the alleged occurrence from the beginning to the time of her appearance before the police. In addition thereto, the petitioner is in judicial custody for almost three months and is no longer required by the police and is neither a previous convict nor a hardened criminal: Therefore, it is hereby observed that the case of the petitioner is duly covered under the provisions of subsection (2) of section 497, Cr.P.C.

4. Therefore, the petitioner is hereby allowed bail in the sum of IB Rs-30,000 with two sureties each in the like amount to the satisfaction of the A.C./Duty Magistrate, Pattoki, District Kasur.

N.H.Q./S-407/L Bail allowed.