2003 PLP 1578 (YLR)

Syed Shakir Ali Rizvi for Petitioner. Mrs. Tasneem Ameen for the State. Muhammad Jahangir Wahla, A.A.‑G. Azhar Latif Khan for the Complainant. Learned counsel for the petitioner in support of this petition submits that the petitioner has been falsely implicated in this case, that in fact Mst. Rabia daughter of Muhammad Ashraf complainant had married with the petitioner with her own free will but later on Muhammad Ashraf complainant of the instant F.I.R. also lodged another F.I.R. No,256 of 2002 on 25‑4‑2002 under sections 419, 425, 467, 468 and 471, P.P.C. and the allegation levelled in the said F.I.R. against the petitioner was that he prepared the forged Nikah while Nikahnama was prepared on 5‑4‑2002. He submits that even case has been cancelled but so far no proceedings in this regard have been produced before the learned Magistrate by the police. He submits that case of the present petitioner falls within the prohibitory clause of section 497(1), Cr.P.C. and the petitioner is not entitled to grant of bail.

3. At this stage learned A.A.‑G. assisted by the learned counsel for the State submits that the case F I.R. No.256 of 2002 registered under sections 419, 420, 467, 468 and 471, P.P.C. has been recommended for cancellation. So, the case of the petitioner is of further inquiry falling under subsection (2) of section 497, Cr.P.C. and the petitioner is entitled to grant of bail.

4. I have heard the learned counsel for the parties. I had earlier dealt with this matter in the application for bail before arrest. Mst. Rabia Bibi had appeared before me and she made a statement before the Court that her signatures were obtained forcibly on the Nikahnama and other papers by the petitioner. I allowed her to go wherever she wanted. She requested to go with her parents and said request was also allowed. Tie father of Mst. Rabia Bibi who is complainant of the instant F.I.R. had also lodged a case F.I.R. No.256 of 2002 on 25‑4‑2002 about the occurrence which took place on 23‑4‑2002, alleging therein that Nikahnama between the petitioner and Mst. Rabia is forged one. This case was investigated by the Investigating Officer. I have gone through the last case diary of the Investigating Officer according to which witnesses of the Nikah have appeared before the Investigating Officer and they have admitted the Nikah contacted between petitioner and Mst. Rabia Bibi. No suit for jactitation of marriage has been filed till today. This case was found to be false and recommended for cancellation by the Investigating Officer. The complainant did not appear before the Investigating Officer for five months during the course of investigation nor any document was produced in this regard. Learned A.A.‑G. is right in submitting that the case of petitioner is of further enquiry, I agree with him. In this view of the matter this petition is accepted and petitioner is allowed bail in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of Deputy Registrar Judicial of this Court.

5. I. may also noted here that in such like cases when a girl is with her paramour/accused she make: statement in his favour and when she goes with her parents then she makes statement against her paramour and in favour of her parents. No reliance should be placed on such‑like statements. N.H.Q./M‑1623/L Bail allowed.