2011 P Cr (PLP)

MUHAMMAD ANWAR KHAN KASI, J.

The above named accused has sought bail in case F.I.R. No.393, dated 16-8-2010, under sections 380, 411, 457, P.P.C. read with section 14 Offences Against Property (Enforcement of Hadood), Ordinance (VI of 1979) registered at Police Station Shahzad Town, Islamabad, on the grounds that a false case has been lodged with a delay of four days; he has falsely been implicated due to mala fide intention; the complainant is husband of the petitioner's sister Mst. Saeeda Begum, who wants to get back the custody of the minors besides a house given by him in lieu of marriage. It is further argued that co-accused Abdul Waheed has been bailed out and the law of consistency demands the same concession for the present accused; the offences do not fall within prohibitory clause of section 497(1), Cr.P.C.

2. Learned counsel in support of his contentions, relied upon the case laws reported in 2005 YLR 1672, 2009 YLR 106, 2007 YLR 394, 2006 YLR 2977, 2007 PCr.LJ 708, 2003 YLR 1910, 2009 SCMR 230, 2005 PCr.LJ 764 and 1996 PCr.LJ 347.

3. Conversely, learned standing counsel as well as the learned counsel for the complainant vehemently, opposed the petition. Learned counsel for the complainant argued that the present accused and co-accused namely Saddam Hussain had been having relations with his sister Mst. Saeeda and this fact stands proved from Cell phone record. According to which, both of them exchanged 821 calls in three days and recovery of stolen articles in huge quantity have been effected from all the accused including the petitioner and his sister.

4. I have heard the arguments and perused the record.

5. Prosecution case is that in the early morning of 12-8-2010, the complainant received a call from mobile number 0342-5556133 and the c4llor asked him not to go home as there is serious apprehension to his life which disturbed him. He informed his friend Masood-ur-Rehman Khokhar and they started tracing the calls. In the meanwhile he received a call from home that theft had taken place at the house of his brother situated in the same vicinity where resides.

6. The above F.I.R. was lodged against unknown persons and thereafter the police arrested the applicant/accused on 11-10-2010 whose pre-arrest bail had been rejected by the learned A.S.J Islamabad.

7. The police during investigation recovered certain gold articles from co-accused Saddam Hussain, who has already been admitted to bail. The other co-accused Mst. Saeeda has also got recovered certain gold articles from the portion of her house, who is also been released on bail. The police recovered some theft instruments from the present accused.

8. Without touching merits of the case, and following the rule of consistency coupled with the fact that the offences do not fall in the prohibitory clause of section 497(1), Cr.P.C. as well as the recoveries have been effected and there is no apprehension for tampering with the evidence. Accused is behind the bars for the last about 3-1/2 months, the trial of case may take a long time and, therefore, he is admitted to bail subject to furnishing his surety in the sum of Rs.1,00,000 (One lac) and PR bond of like amount to the satisfaction of learned trial Court. H.B.T./Y-2/Isl.???????????????????????????????????????????????????????????????????????? Bail granted.