2005 PLP 1922 (MLD)

M. BILAL KHAN, J.

Muhammad Munir son of Allah Ditta, petitioner, seeks post-arrest bail in case FIR. No.67 of 2005 dated 16-2-2005 registered at Police Station Baghbanpura, District Gujranwala, for offence under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979.

2. The case of the prosecution as it unfolded in the F.I.R. registered at the instance of Muhammad Akbar son of Abdul Sattar, was that he was a resident of Chiragh Nagar, Noshera Road, Gujranwala and was a contractor by profession; his sister Mst. Riffat Bibi had been married to one Muhammad Naeem son of Munir Ahmad resident of Sheikhupura on 15-12-2004; that both of them were leading a happy marital life; a few days after her marriage his sister Riffat came to her parental home where she was called outside the house and Khalid son of Muhammad Munir Maajid son of Munir, Asif, Karamat and Rashid sons of Muhammad Siddique, Mst. Rani Bibi wife of Muhammad Munir, Muhammad Munir (petitioner) along with Mukhtar Ahmad son of Muhammad Akbar, residents of Chiragh Nagar, who were present there enticed away his sister Riffat Bibi for the purposes of committing Zina bil-jabr; that while leaving, his sister had taken away gold ornaments weighing 5-tolas and hard cash of Rs.15,000; while she was being abducted his brother, Waqas aged 12/13 years tried to prevent them but the assailants beat him up, as a result of which he suffered injuries on his arms; that Muhammad Mansha and others P.Ws. had seen the accused persons taking away Riffat Bibi. Resultantly the instant F.I.R. had been recorded.

3. The petitioner was arrested on 27-2-2005 and is in custody ever since. His plea for post-arrest bail did not find favour with the learned Addl. Sessions, Judge, Gujranwala who turned down the same vide his order dated 14-5-2005. Hence this petition.

4. I have heard the learned counsel for the parties and have perused the record brought by Abdul Naeem A.S.-I., Police Station Baghanpura, District Gujranwala.

5. It has been observed that prior to lodging of the instant F.I.R. , another F.I.R., had been lodged by Abdul Sattar father of the present complainant against the present petitioner and number of other members of his family wherein almost the similar allegations had been levelled regarding the abduction of Mst. Riffat Bibi, the abductee in the present case. This F.I.R. had been lodged on 13-8-2004. However, later on the complainant of the said case Abdul Sattar son of Muhammad Din had sworn affidavit that Riffat Bibi had not been abducted and that she had gone to meet her relations and further that the F.I.R. had been recorded on account of some misunderstanding. As a result of the said application bail was granted and the case had been cancelled. It has been noted that the present F.I.R. contains almost similar allegation which had been levelled in F.I.R. No.41 of 2004. The perusal whereof also reveals that there is some element of consent of the alleged abductee and the vital ingredients of forcible abduction are conspicuously missing in the narrative. Even otherwise the story as stated in the F.I.R. does not inspire confidence inasmuch as it does not appeal to reason that father, A mother, brothers, sisters and all other relative would get together and abduct a female with a view to subjecting her to Zina-bil-Jabr. Petitioner is an elderly man of about sixty years. Khalid alias Khalu with whom the abductee had allegedly eloped in case F.I.R. No.451/2004 has still not been arrested. The culpability of the petitioner under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 needs further probe within the meanings of subsection (2) of section 497, Cr.P.C. He is in custody for the last almost 4 1/2 months and cannot be retained as such as a measure of punishment.

6. Resultantly this petition is allowed and the petitioner is admitted to bail provided he furnishes bail bond in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the learned trial Court.

7. The observations made hereinabove are tentative in nature and are not designed to influence the course of trial in any manner whatsoever. N.H.Q./M-1192/L Bail granted.