1996 P Cr (PLP)

Abdul Aziz Khan Niazi for Petitioner. Muhammad Sarwar Bhatti, Asstt. A.-G. for the State Complainant in Person. Date of hearing: 7th May, 1996. Wahid Bakhsh complainant had gone to Fazil Pur alongwith his unmarried daughter Mst. Pathani on 27-1-1996 at about 10-00 a.m. Atta Muhammad, petitioner-accused alongwith his co-accused namely Muhammad Akram, Muhammad Aslam, Haq Nawaz, Mst. Salma wife of Muhammad Aslam and Mst. Hameedan sister of Muhammad Aslam had also arrived there. After procuring the medicine the complainant left his daughter Mst. Pathani with the aforesaid persons and went to the Bazar for purchases. He arrived back at 3-00 p.m. when he found all the persons including his daughter Mst. Pathani missing. Muhammad Ajmal and Farid Bakhsh P.Ws. met Wahid Bakhsh complainant who intimated him that Mst. Pathani and the other persons were seen by them going in a wagon towards Rajanpur. F.I.R. No.24, dated 28-1-1996 stands registered at Police Station, Fazil Pur, District Rajanpur under Article 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. Mst. Pathani was recovered from Karachi. Her statement was got recorded under section 164, Cr.P.C. from the Area Magistrate when she stated about her removal without her consent to Karachi under the influence of some medicine whereby she had become unconscious. She made the allegation that all the male accused persons committed Zina-bil-Jabr with her. The police has added Article 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The medical examination of Mst. Pathani was got conducted from a Woman Medical Officer. The vaginal swabs were obtained which were sent to the Chemical Examiner and the report in the positive has been received. Atta Muhammad petitioner-accused was examined by the Senior Medical Officer, Rural Health Centre, Fazil Pur, District Rajanpur for potency and his opinion is in the positive.

2. The bail application of Atta Muhammad petitioner-accused has been rejected by the learned Sessions Judge, Rajanpur who has filed this petition before this Court to try his luck to be admitted to bail.

3. I have heard the learned counsel for the petitioner as well as the learned A.A.-G. for the State and gone through the record before me. The main contentions of the learned counsel for Atta Muhammad petitioner are that the story coined by the complainant is not natural and that the female accused have been admitted to bail. On the contrary learned A.A.-G. pointed out that in view of the nature of the accusation against Atta Muhammad petitioner-accused, he is not entitled to enjoy the concession of bail. In my view it is not a case for the admission of Atta Muhammad petitioner-accused to bail in view of the nature of accusation against him and the material to be produced during the trial by the prosecution. The recitals of the F.I.R. have to steal the eminence for the purpose of corroboration. Mst. Pathani specifically ascribed the role of removal without her consent to Karachi and the commission of Zina-bil-Jabr with her by Atta Muhammad petitioner-accused. He has been found potent. The Lady Doctor J medically examined Mst. Pathani. The opinion of the Chemical Examiner about the vaginal swabs is positive to the effect that the same are stained with semen. It is a matter wherein the nears and dears of Wahid Bakhsh complainant have shattered the confidence. I am not inclined-to hold that the involvement of Atta Muhammad petitioner-accused is a question of further inquiry so as to make him entitled to be admitted to bail. As a last resort learned counsel for Atta Muhammad petitioner-accused canvassed that as required under proviso to subsection (1)(b) of section 173, Code of Criminal Procedure the complete or incomplete challan has not been submitted in spite of the fact that the petitioner is behind the judicial lock-up for the last more than three months and thus he is entitled to be admitted to bail. Suffice it to express that the yardsticks for the admission of an accused are mentioned in section 497, Cr.P.C and non submission of the challan is no ground for the admission of an accused to bail after arrest. In my view this argument has simply fizzled out

4. Finding no force in this petition, I dismiss the same. N.H.Q./A-41/L ?????????????????????????????????????????????????????????????????????????????????????????????? Bail refused.