2006 PLP 2996 (YLR)

IJAZ AHMAD CHAUDHRY, J.

Through this application under section 497, Cr.P.C. the petitioner seeks post-arrest bail in a case F.I.R. No.376 of 2005, dated 13-7-2005, registered under sections 10/16 Offence of Zina (Enforcement of Hudood) Ordinance, VII, 1979, at Police Station, Bahlak, District, Faisalabad on the application of Riaz Khan, the complainant.

2. The brief facts of the case as alleged in the F.I.R. are that on 12-7-2005 at 4-00 p.m. the complainant, his daughter Ansar Bibi and his wife were standing at Bus stop near Chak No.602. In the meanwhile the petitioner along with other accused came there in a white coloured car, while armed with fire-arms, who extended threats with dire consequences to the complainant, etc. and thereafter while forcibly boarding Mst. Ansar Bibi, daughter of the complainant in the said car abducted her for committing Zina with her.

3. The learned counsel for the petitioner has contended that according to the complainant, occurrence had taken place on 12-7-2005 at 4-00 p.m., while Mst. Ansar Bibi (abductee) had moved an application on 13-7-2005 before the learned Judicial Magistrate, Faisalabad for sending her to Dar-ul-Aman on the ground that she had already filed a suit for dissolution of marriage in the Court of learned Senior Civil Judge with power of Family Judge, Faisalabad, but her parents were compelling her to join her husband and the abductee was sent to Dar-ul-Aman by the learned Judicial Magistrate, Faisalabad till 26-7-2005, who at that time did not raise any allegation about her abduction or commission of Zina against any one; that her statement was also recorded by the police and she did not support the prosecution story; that the petitioner is behind the bars for the last 9 months and there is no allegation of Zina against the petitioner; that the offence does not fall within the ambit of prohibitory clause of section 497, Cr.P.C.; that at the time of granting of bail to Mst. Ansar Bibi (abductee), this Court has observed that prima facie there is no direct evidence to connect Mst. Ansar Bibi with the commission of Zina; that family suit filed by Ansar Bibi (abductee) had been decreed by the learned Judge Family Court on 12-9-2005 and marriage had been dissolved; that the matter has been settled between the parties and the petitioner cannot be detained in jail for indefinite period.

4. The learned counsel for the State has opposed this bail petition on the ground that no doubt the abductee had moved an application before the learned Judicial Magistrate on 13-7-2005 for sending her to Dar-ul-Aman; but subsequently, the petitioner had moved three applications showing him being cousin of the alleged abductee before the learned Judicial Magistrate for meeting with the abductee, which was held -in Dar-ul-Aman and it shows the involvement of the petitioner in the present case.

5. I have heard the arguments advanced by learned counsel for the parties and perused the record with due care and caution.

6. The petitioner is named in the F.I.R. with the specific role of abduction. No doubt, Mst. Ansar Bibi (abductee) had moved an application before the learned Judicial Magistrate, Faisalabad on 13-7-2005 for sending her to Dar-ul-Aman on the ground that she had filed a suit for dissolution of marriage against her husband, but he was compelling her to join him against her wishes while threatening with dire consequences and she was sent to the Dar-ul-Aman. Perusal of record shows that the petitioner had moved three applications showing himself as cousin of Mst. Ansar Bibi (alleged abductee) before) the learned Judicial Magistrate for meetings with her. The said application was allowed and meeting was held in Dar-ul-Aman, but during the investigation, it had transpired that the petitioner was not cousin of the abductee and it prima facie shows involvement of the petitioner in the present case as well. Even otherwise on 23-7-2005, Mst. Ansar Bibi (abductee) had joined the investigation and in her statement under section 161, Cr.P.C. before the police, she stated that she was a married woman and out of the wedlock a boy aged about 6 years was born. She also stated that at the instance of the petitioner, she had filed a suit for dissolution of marriage and left her parent's house as her parents were compelling her to rehabilitate in the house of her ex-husband, but she was against it. It appears that the petitioner had become an instrument for dissolving the marriage of Mst. Ansar Bibi with her ex-husband and also spoiled her life and her son by inducing her to leave the house. Hence, the petitioner has committed heinous offence. In case, he is released on bail, then there are chances of repetition of offence. Consequently, this bail petition being devoid of any force is dismissed. H.B.T./M-477/L Bail refused.