2004 PLP 1294 (YLR)

The petitioner has sought his post arrest bail in case F.I.R. No.252 registered at Police Station, Liaqatpur on 29‑7‑2003 for offences under sections 11/10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 read with section 338‑A(b), P.P.C.

2. According to F.I.R., Mst. Tahira Bibi aged 13/14 years, unmarried daughter of the complainant lived with him who used to be teased by the petitioner. About 2‑1/2/3 months prior to registration of case Mst. Tahira Bibi left her house in order to ease herself but did not return for quite some time. The complainant was informed, during search, by the P.Ws. that they had seen Mst. Tahira Bibi in the company of the petitioner and one other. It was further alleged that Mst. Tahira Bibi was forcibly abducted by Machan who was armed with a pistol and taken away on a motorcycle. On the date of registration of case Mst. Tahira Bibi came back to her house of her own and reported the incident of abduction to her father. She further stated that after abduction Machan accused had been committing Zina‑bil‑Jabr with her; that she became pregnant. Knowing her pregnancy the mother and wife of brother of Machan brought some tablets and administered the same to her and she was also given an injection. Thereafter she lost her consciousness and when she gained consciousness she came to know that she has lost her pregnancy.

3. The learned counsel for the petitioner has argued that the matter was reported to the police after a delay of three months that the co‑accused against whom allegation of abduction was leveled and the co‑accused who, allegedly had caused has been found to be innocent during the investigation; that during subsequent investigation; conducted by the S.H.O., Police Station, Taranda Muhammad Panah the petitioner was found to be innocent and according to the afore mentioned investigation the offence had been committed by Abid, Haider and Jamil accused. Conversely, the learned counsel for the complainant and the learned counsel for State have opposed this application and have argued that the petitioner has committed a heinous offence which attracts the prohibitory clause of section 497, Cr.P.C. and, thus, does not deserve to be admitted to bail.

4. I have heard the learned counsel for the parties and have also gone through the record of the case. It has been noticed that Mst. Tahira Bibi who is, admittedly, a minor unmarried lady has leveled the allegation of Zina‑bil‑Jabr against the petitioner in her statement recorded under section 161, Cr.P.C. dated 29‑7‑2003 soon after the registration of the case. As far as delay is concerned, there is nothing on record to show that there existed any enmity between Mst. Tahira and the petitioner previously. Even otherwise delay in such‑like cases is not material. I am fortified in my view by placing reliance on Mst. Bashiran Bibi v. Nisar Ahmad Khan and others PLD 1990 SC

83. It is ironical that instead of completion of investigation and submission of challan in accordance with the provisions of section 173, Cr.P.C. the investigation of the case is carried out for unlimited period through different police officers.

5. As far as the opinion of S.H.O., Taranda Muhammad Panah is concerned, the same is based only or the statement of P.Ws., who had neither seen the occurrence nor were present at the time of abduction. Even otherwise the opinion of police though relevant is not binding upon the Court. Prima facie, I find no reason as to why the complainant and an unmarried lady level such‑like charges against the petitioner and expose themselves to police investigation and rigorous of trial Reasonable grounds exist to connect the petitioner with the offence which attracts the prohibitory clause of section 497, Cr.P.C. Thus, I find no merit in this petition and the same is dismissed.

6. A copy of this order would be sent to the District Police Officer, Rahim Yar Khan who would ensure that the investigation is completed within two weeks of the receipt of this order and report under section 173, Cr.P.C. is submitted before the Court, under intimation to the Deputy Registrar (Judicial) of this Bench. N.H.Q./M‑6/L Bail refused.