2017 PLP 75 (YLRN)

ABDUL SAMI KHAN, J.

Through this petition under section 497, Cr.P.C. Shafqat Ramzan petitioner has sought bail after arrest in case FIR No. 332/15, dated 02.05.2015 registered at Police Station Sadar, Sialkot in respect of an offence under section 364-A, P.P.C.

2. After hearing the learned counsel for the parties and going through the record it has been noticed by this Court that although the petitioner is named in the FIR yet the fact remains that there is a delay of almost one day in registration of the same which has not been explained by the complainant therein. According to the narration of the FIR the alleged abductee was abducted by the petitioner along with her co-accused for the purpose of killing him or for ransom or for satisfaction of lust but no supporting material in this regard has been brought on record of investigation to substantiate these allegations. The petitioner is wife of her co-accused namely Muhammad Jameel and it is not expected from a wife that she during existing of her matrimonial tie would facilitate her husband to abduct a child for the purpose of commission of unnatural lust with him, therefore, a possibility cannot be ruled out of consideration that the complainant has spread the net wide to entangle whole family of the petitioner in this case. It is also intriguing to point out here that the alleged abductee has allegedly been recovered from the house of the present petitioner but this fact prima facie does not appeal to a prudent mind that the petitioner would abduct a child for the above mentioned purposes and she would keep him in her own house so as to be got recovered him later on to create evidence against her. In the backdrop of such a circumstance the evidentiary worth and value of recovery effected in this case would be seen by the learned trial court at the time of trial after recording evidence in this case. The petitioner is a woman and by virtue of her gender she is also entitled for concessionary relief by this Court as enshrined under proviso to subsection (1) of section 497, Cr.P.C. Learned counsel for the petitioner has also produced attested copy of Birth Certificate of Uzair Ali, suckling baby of the petitioner who according to the Birth Certificate was born on 11.09.2014 who was allegedly more than seven months at the time of arrest of the petitioner. The petitioner is previous non-convict, never involved in any criminal case, she is behind the bars since her arrest, i.e. 07.05.2015, investigation of this case qua her is complete, report under section 173, Cr.P.C. has already been submitted before the learned trial court on 17.05.2015, thus, no useful purpose, would be served by keeping the petitioner under incarceration.

3. For what has been discussed above the shadow of doubts are looming large in this case rendering the case against the petitioner within the purview of further inquiry into his guilt covered by subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail subject to her furnishing bail bond in the sum of Rs. 200,000/- (Rupees two hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned trial court. SL/S-12/L Petition accepted.