KHALID Versus THE STATE

ORDER

Petitioner has applied for post-arrest bail in a case registered against him vide F.I.R. No.231/94, dated 15-5-1994 under section 10/16 of Offence of Zina (Enforcement of Hudood) Ordinance VII, 1979 read with section 109, P.P.C. at Police Station Noor Shah, Tehsil and District Sahiwal.

2. The allegation against the petitioner is that he enticed away Mst. Zafran Bibi alongwith other co-accused, for illicit purposes.

3. It is submitted by the learned counsel for the petitioner that petitioner has falsely been involved in this case; that his co-accused has been declared innocent in the case and truth of prosecution story has been shaken; that delay in lodging of F.I.R. is more than four months; that the prosecution has not been recovered from the petitioner and requests for grant of bail.

4. On the other hand, contentions are opposed by the learned State counsel.

5. I have heard the arguments and gone through the file. There is an unexplained delay of four months in lodging of F.I.R. Co-accused of the petitioner has been declared innocent by the Investigating Agency. On the A plain reading of F.I.R. it appears that Mst. Zafran went away with her free-will and later on after recovery deposed against the petitioner in her statement under section 164, Cr.P.C. which is quite usual in our society. Woman in our society is very week creature, cannot even sustain the pressure of both respective ends of the play and always makes statement in favour of a person in whose possession she is. She even cannot enjoy life or respire independently. In such circumstances, the statement of abductee under section 164, Cr.P.C. losses its weight or importance. This makes the case doubtful and that of further inquiry. This being the position, the petitioner is admitted to bail subject to furnishing his bail bonds in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety to the like amount to the satisfaction of A.C./Duty Magistrate, Sahiwal.

6. Observation made in this order shall not affect the merits of the case.

N.H.Q./K-176/L Bail granted.