Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)- ----S. 497--Offence of Zina (Enforcement of Hadood) Ordinance, (VII of 1979), S. 11--Post-arrest bail--Grant of--Prayer for--Alleged abductee has not even alleged in her statement under S. 164 Cr.P.C. that petitioner compelled her to enter into a contract of marriage with him--There was no allegation of zina or attempt of zina against the petitioner--No corroboration of statement of the abductee--She was not recovered from the possession of the petitioner--There exists reasonable ground to make out a case of the petitioner one of further inquiry--To keep the petitioner behind the bars for an indefinite period would not serve any useful purpose--Bail granted. Judgment Through the instant petition, the petitioner seeks post arrest bail in a case F.I.R. No. 87 dated 12.11.2005 registered under Section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance No. VII of 1979 at Police Station Kotli Sattian, District Rawalpindi. 2. Briefly stated the facts as recorded in the F.I.R. on the statement of Mubarik Jan the complainant are that the petitioner-accused abducted Mst. Sadia Bibi aged 22 years on the night in between 9/10-11-2005 at about 1.00 a.m. for committing Zina with her. 3. It is contended by the learned counsel for the petitioner that the petitioner has been involved in the case falsely and in fact the victim herself did not want to marry one Israr Ahmad and on the date fixed for the marriage, she herself ran away from the house of her parents and thereafter with their consent married with Afzal on 27.11.2005. It is further contended that actually the marriage between Afzal and Sadia Bibi was solemnized on 13.11.2005 and that there is no allegation of Zina against the petitioner and according to the statement of the abductee that two unknown ladies asked her to marry with the petitioner is not corroborated by any further piece of evidence and that the abductee was not recovered from the possession of the petitioner; that the petitioner is behind the bar for the last eight months and is no more required for further investigation. 4. On the other hand, learned counsel for the State assisted by the counsel for…

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