2017 PLP 418 (YLRN)
MUHAMMAD SHAFIQUE — Petitioner Versus The STATE and another — Respondents
| Citation | 2017 PLP 418 (YLRN) |
| Forum / Court | Lahore (Rawalpindi Bench) |
| Bench Members | Abdul Sami Khan, J |
| Parties | MUHAMMAD SHAFIQUE — Petitioner Versus The STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2017 PLP 418 (YLRN)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2017 PLP 418 (YLRN)?
The case was heard and decided by the Lahore (Rawalpindi Bench) bench comprising: Abdul Sami Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2017 PLP 418 (YLRN) (MUHAMMAD SHAFIQUE — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Hamid Ali Bokhari for Petitioner.
Headnotes / Summary
S.497
Penal Code (XLV of 1860), Ss. 365-B, 376 & 384
Kidnapping abducting or inducing woman to compel for marriage etc., rape, extortion
Allegation against accused was that he abducted daughter of complainant for illicit intercourse
Accused was named in FIR, and there had been a delay of one month and thirteen days in lodging of FIR which was not explained by the complainant
Copy of nikahnama (marriage certificate) placed on file of the case and verified by the Investigating Officer showed that alleged abductee had contracted marriage with the accused prior to the registration of case and alleged date of occurrence
Sworn affidavit in that regard was also on record
Common practice in the society was that parents of the girl usually get FIR registered against the boy and his family members due to the grudge that their daughter had contracted love marriage
Nothing had been recovered from the accused during investigation
Accused was previous non-convict, was never involved in any other case and behind the bars since 15.11.2015
Investigation of the case was complete and accused was no more required for further investigation
Further incarceration of accused in jail would not serve any useful purpose
Alleged abductee had filed a suit for jactitation of marriage and accused had filed a suit for restitution of conjugal rights which were pending adjudication before the Family Court the proper forum to decide such matters
Case of accused had become one of further inquiry covered by subsection (2) of S. 497, Cr.P.C.
Bail was granted accordingly. [Para. 2 of the judgment] Muhammad Azam v. Muhammad Iqbal and others PLD 1984 SC 95 rel. Sheikh Istajabat Ali, Deputy Prosecutor General for the State and Sheraz SI with record.
Judgment & Decree
ABDUL SAMI KHAN, J.
Through this petition under section 497, Cr.P.C. the petitioner Muhammad Shafique has sought bail after arrest in case FIR No.596/2015 dated 12.11.2015 under sections 365-B, 376, 384, P.P.C., Police Station Gujar Khan District Rawalpindi.
2. The arguments advanced by the learned counsel for the parties have been heard and the record of this case has also been perused with their able assistance. This is bail after arrest and deeper appreciation is not allowed at this stage. It has been noticed that although the petitioner is named in FIR, yet the fact remains that there is a delay of one month and thirteen days in lodging of the FIR, which has not been explained by the complainant, which prima facie shows that the FIR has been lodged after due deliberation and consultation. The allegation against the petitioner is that on 29.09.2015 he abducted the daughter of the complainant Mst. Rozma Azad for illicit intercourse. It has also been noticed by this Court that according to copy of nikahnama placed on the file of case and verified by the Investigating officer, the alleged abductee Mst. Rozma Azad has contracted Nikah with the petitioner Muhammad Shafique on 19.08.2015 prior to registration of the case and alleged date of occurrence and also executed a sworn affidavit in this regard. It is common practice in our society that parents of the girl usually got register FIR against the boy and his family members due to the grudge that their daughter had contracted love marriage and the girl/alleged abductee when joins her parents also made statement against her husband due to family pressure which is common practice in our society. Nothing has been recovered from petitioner during investigation. Admittedly the petitioner is previous non-convict and never involved in any other case. He is behind the bars since 15.11.2015. Investigation of the case is complete and the petitioner is no more required for further investigation. His further incarceration in jail would not serve any useful purpose. The alleged abductee has filed a suit for jactitation of marriage against the petitioner Muhammad Shafique whereas the petitioner has filed suit for restitution of conjugal rights against the alleged abductee Mst. Rozma Azad which are pending adjudication before the court of learned Judge Family Court, Gujar Khan which is a proper forum to decide such matters. Reliance in this regard is placed on case law titled as "Muhammad Azam v. Muhammad Iqbal and others" PLD 1984 SC 95 wherein it has been held by the Hon'ble Supreme Court of Pakistan that Family Courts are the proper forum to decide the validity of marriage.
3. For what has been discussed above, the case of the petitioner becomes one of further inquiry covered by subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is granted bail after arrest subject to his furnishing bail bond in the sum of Rs.1,00,000/- (Rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the learned Trial Court.
4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only. WA/M-127/L Bail granted.