2012 P Cr (PLP)

RAUF AHMAD SHEIKH, J.

Both these petitions arise out of case F.I.R. No. 798 of 2011, dated 16-10-2011, under sections 420/468/471, P.P.C. and 25-D of Telegraph Act, Police Station Ghazi Abad, Lahore so are being decided through this single order as questions for determination therein are interlinked.

2. Allegedly the petitioners, who are mother and son inter se subjected the complainant to torture, extended threats to cause his "Qatl-e-amd", made interpolations in the Nikah Nama and also caused annoyance by making calls through Mobile phone. It is alleged that the petitioner Mst. Nasreen Bibi obtained divorce from her former husband and contracted marriage with the complainant but subsequently made interpolations in Columns Nos.16 and 17 of the Nikah Nama.

3. The learned counsel for the petitioners has contended that the petitioner Mst. Nasreen Bibi is legally wedded wife of the complainant and due to matrimonial dispute, he had got the false case registered against her and her real son with malice. It is contended that no incident of violence or extension of threats ever took place. It is urged that in fact the petitioner Mst. Nasreen Bibi has filed a suit for recovery of dower and maintenance and due to grudge nourished over it, he has lodged the false F.I.R.

4. The learned counsel for the complainant has contended that infact Columns Nos.16 and 17 of the Nikah Nama were left blank at the time of Nikah and subsequently the petitioner in connivance with the Nikah Khawan had made unauthorized entries in it. It is urged that dower of Rs.50,000 was fixed but no property was transferred in favour of the wife.

5. The question pertaining to the genuineness of entries in the Nikah Nama is to be determined by the learned Family Court as it has exclusive jurisdiction in respect thereto. The contention that the Columns Nos. 16 and 17 were left blank cannot be accepted at this stage. The complainant may agitate this contention before the Family Court and prove the same, if so desired. The Nikah Nama is duly registered and an affidavit of the Nikah Khawan has been submitted to the effect that the complainant and witnesses put their signatures after completion of the Nikah Nama and all entries were made before their signatures. Admittedly the suit for maintenance and recovery of dower has been filed by the petitioner Mst. Nasreen Bibi against the complainant. In these circumstances, the contention of the petitioners that they have been roped in the false case with malice is not without substance. Prima facie, a reasonable doubt exists as to the veracity of the allegations levelled by the complainant and case clearly needs further inquiry within the meanings of section 497(2), Cr.P.C. It is an established law that doubt is to be resolved in favour of the accused even at the bail stage. For the reasons supra, the petition is accepted and ad interim pre-arrest bail already granted to the petitioners is confirmed subject to their furnishing fresh bail bonds in the sum of Rs. 2,00,000 each with one surety each in the like amount to the satisfaction of the learned trial Court. M.W.A./N-2/L Pre-arrest bail, confirmed.