2006 PLP 1798 (MLD)

MUHAMAD AFZAL SOOMRO, J.

Granted

2. Granted subject to all just exceptions.

3. By this order I intend to dispose of Criminal Bail Application No. 894 of 2004, filed on behalf of applicant, Mst. Marium, in a case bearing crime F.I.R. No.30 of 2004 of Police Station Boat Basin, Karachi for Offence under section 16 Offence of Zina (Enforcement of Hudood), Ordinance, 1979. The bail plea of the applicant was dismissed by the learned Vth Addl. Sessions Judge Karachi South vide order, dated 8-5-2004. The facts germane to the prosecution case are that on 26-1-2004 at about 4.00 p.m. Complainant, Abdul Rasheed, set the law into motion by lodging F.I.R. at Police Station Boat Basin, Karachi stating therein that on 7-1-2004 his wife Mst. Khursheed Bibi went out of the house at about 2.00 p.m. for job and never returned till evening hours. It is further stated that complainant lodged the report at Police Station Boat Basin for her disappearing. However, since then the complainant had been searching his wife and when he carne to know that his wife had been kidnapped by his neighbours namely Riaz and Multan with the help of two neighbour ladies Mumtaz and Maryam (applicant herein) for the purpose of zina and took her to Punjab District Multan. It is further disclosed in the F.I.R. that complainant went to the said district of Punjab where he was refused to hand over his wife coupled with the extension of threats not to lodge the report against the accused party otherwise he will be killed. He further disclosed that Mumtaz and Riaz have been keeping bad eyes upon his wife in the past. Accordingly, he approached the Police Station where F.I.R., as above, was registered. The investigation followed and in due course the accused persons were sent up to stand trial in the Court of law. I have heard the learned counsel appearing on behalf of the applicant and the learned counsel appearing on behalf of the State. It has been contended by the learned counsel for the applicant that case against the applicant is false. It has, further, been contended by the learned counsel that not only there is unexplained delay of about twenty days in lodging the F.I.R. but it is also a fact that till prosecution has failed to cite witness or eye-witness about the alleged incident. It has, also, been contended by the learned counsel for the applicant that there is dispute between the complainant and his wife who went away to Multan and filed suit for dissolution of marriage against him and had also taken the shelter/protection of Darul Amaan. It has, further, been contended by the learned counsel that since the applicant was in association with the wife of the complainant and sent complaints against him to Inspector-General of Police Sindh, DIG Operation, Town Police Officer Gizri Karachi, the complainant in order to take revenge from her has made a concocted story against the applicant and other co-accused. On all these scores, he has contended that it is a fit case where bail may be granted to the applicant. He has referred to the cases of Razia Bibi and another v. The State (1987 PCr.LJ 537); Shahnaz Bibi v. The State (1997 MLD 1333); Abdul Rauf alias Rauf v. The State (1999 PCr.LJ 1109); Muhammad Ramzan v. The State (2002 SD 199); Muhammad Azhar Nadeem v. The State (2002) PCr.LJ 12) and Muhammad Asharf v. Munir Ahmed and others (2004 SCMR 893) in support of his contentions. Learned counsel for the State does not oppose to the grant of bail in view of the position, enumerated above. I have given my anxious consideration to the arguments of the respective parties, perused the record and am of the considered view that for what has been argued by Mr. Aamir Mansoob Qureshi, applicant, Mst. Marium, has been able to make out a case of bail which accordingly is granted to her provided she furnishes surety in the sum of Rs.1,00,000 (Rupees one lac only) and PR bond in the like amount to the satisfaction of the Nazir of this Court. Criminal Bail Application No. 894 of 2004 stands disposed of. H.B.T./M-109/K Bail granted.