2017 PLP 204 (YLR)

SHAHID HAMEED DAR, J.

The petitioners, Allah Yar, Nasir Ali and Mst.Rasheedan Bibi face the allegation that they being armed with firearms, abducted Mst. Fauzia Bibi, aged 13/14, the daughter of the complainant, Muhammad Boota at 4.00 p.m. on 25.05.2013 and took her away in a carry-dabba, which act of the accused was witnessed by Allah Ditta and Faazil who informed the complainant in this regard; Mst. Fauzia Bibi telephonically contacted her father/complainant on 07.06.2013 whereon he, in the company of his co-witnesses reached Police Training Centre, Baidian Road, Lahore and recovered his daughter, who told him that Rehmat Ali and Amanat Ali accused forcibly raped her and the other accused stood guard at that time; she also alleged that the accused had obtained her thumb impressions on some papers.

2. The petitioners application for bail before arrest was allowed by the learned Sessions Judge, Nankana Sahib on 28.06.2013 with the condition that they would furnish fresh bail bonds in the sum of Rs.50,000/- each with one surety each in the like amount to the satisfaction of the learned area magistrate within seven days, failing which their bail petitions would be deemed to have been dismissed. The petitioners failed to satisfy the said condition and paid the penalty, as their bail was cancelled by the learned bail-granting court on 14.02.2014, hence, the instant petition.

3. After hearing learned counsel for the parties and perusing the record, it is observed that the petitioners should have shown sincerity and their bona fide as to the condition attached with their bail order and if, they had not done so, the learned Sessions Judge ought to have shown the leniency and grace to afford them some more time to submit the requisite bail bonds. No doubt, the bail granting order was recalled more than seven months after it had been made but record does not reveal that the petitioners, during pendency of the petition under section 497(5), Cr.P.C. against them, were directed even once to do the needful. A valid order, obtained by the petitioners on 28.06.2013 fell apart for a technical reason, only due to their folly and probably, lack of understanding, as they did not look an educated trio.

4. It transpires from the record that Rehmat Ali and Amanat Ali accused who allegedly subjected Mst.Fauzia Bibi to rape have already been granted post arrest bail vide order dated 25.10.2013 by the learned Sessions Judge, on the ground that the alleged abductee rendered divergent statements in favour and against the accused on different occasions besides, she belatedly joined investigation i.e. about twelve days after she returned to her father's house on 07.06.2013 and this delay reflected on the veracity of her statements under section 161, Cr.P.C. and under section 164, Cr.P.C. Rehmat Ali accused claimed during investigation, on the strength of a registered nikahnama showing age of bride eighteen (18) years, that Mst.Fauzia Bibi had solemnized nikah with him of her free will and accord on 28.04.2013 and this fact might have gone to his benefit, in terms of grant of bail to him. It is noteworthy that none of the petitioners is a signatory to the said nikahnama, hence it hardly does any damage to the petitioners, if this document has been found fabricated and forged by a new investigating agency, the RIB Sheikhupura. Its repercussions, however may be felt by the accused concerned. The petitioners need not bother about it. As, the bail-facility of the accused-petitioners had been withdrawn/cancelled by the learned Sessions Judge, independent of the merits of the case hence, bail recalling order, made on 14.02.2014 is set-aside resulting in restoration of the order passed by the said learned court on 28.06.2013 in favour of the petitioners subject to furnishing the requisite bail bonds by the petitioners, as directed therein, within three weeks from today, failing which the law shall have its own course.

5. This petition stands disposed of in above mentioned terms. MWA/A-69/L Application accepted.