2008 PLP 2134 (YLR)

SARMAD JALAL OSMANY, J.

Criminal Bail No.684 of 2002 has been filed praying for grant of pre-arrest bail to the Applicants Mst. Kulsoom, Ayaz Ali Katipota, Saddruddin Sheikh and Khuda Bux. Brief facts of the matter per the F.I.R. No.55/2002 of the PS Steel Town, Karachi are that according to the complainant on 15-4-2002 at 11-45 p.m. he was available at his house when the applicant along with co-accused Ayaz Ali, Azizur Rehman, Sadruddin and Khuda Bux entered in his house out of which two of them were wearing Police Uniform having arms, the third having a Camera while the fourth impersonated himself as a Police Inspector. All of them harassed the complainant as well as his friends who were residing there and they took away Rs.30,000 along with a Camera and Remote Control of a TV set. They also demanded Rs. 150,000 from the complainant party who promised them this amount on the next day, upon which they went away. Thereafter the matter was reported to the Police Station Steel Town Karachi and on the next day two persons out of the accused were arrested with the help of the police. As the accused party had promised them that they will return their robbed property the S.H.O. released them as per the complainant party's instruction. However, since the property has not been returned the complaint was lodged. On the basis of the forgoing facts and circumstances Mr. Mirza Sarfraz Ahmad, learned Counsel for the Applicant in Criminal Bail No.684 of 2002 has submitted that the F.I.R. is belated and per the police record no recovery was even made and no one has ever been arrested. Learned counsel submits that there is enmity between the parties inasmuch as Mst. Kulsoom has been the victim of immoral desires and lust of the complainant as well as his friends Shahid, Muhammad Abid and Ejaz who in fact are the prosecution witnesses. In this connection learned Counsel has referred to a copy of an undated letter (which according to. learned counsel is dated 17-5-2002 filed along with the Application as Annex:1) addressed to the Chief. of the Army Staff written by the Applicant against Lt. Col. Nasir Iqbal who has been instrumental in supporting the complainant as well as P.W. Abid, Ejaz and Shahid in their designs against the applicant Kulsoom. Per the applicant the said P.Ws. have been harassing her since April 2002 and upon refusal of their immoral demands she was locked up in the C.I.A. Malir for 9 days. During such confinement she was being forced to develop immoral relations with the Complainant which news items was published in newspapers of that day. Again per the said Applicant on 16-5-2002 the Complainant along with the other P.Ws. tried to kidnap her but upon the intervention of neighbours they went away giving threats that they would dishonour her in the eyes of Society. Learned Counsel has also referred to a copy of an Apology dated 15-4-2002 wherein the Complainant apologized for his wrongful conduct as far as Mst. Kulsoom is concerned and promised not to repeat it again. In view of the foregoing circumstances learned counsel has submitted that there is enmity between the parties and prima faice it is established that in fact the complaint of Mst. Kulsoom is very much earlier viz since the month of April 2002 whereas the F.I.R. has been lodged belated viz on 19-5-2002 when the incident allegedly occurred on 15-4-2002. In the foregoing circumstances learned counsel prays that the interim bail order passed previously be confirmed. Learned State counsel does not oppose the confirmation of bail before arrest on the basis that there is enmity between the parties. So also the applicant Kulsoom has agitated her complaint prior to the present complaint filed by the other side. Also, per learned State Counsel neither there has been any arrest nor any recovery as alleged in the F.I.R. He therefore concedes to the confirmation of the interim pre-arrest bail. I have heard both the learned counsel as well as learned State counsel. Prima-facie, it seems that this is a case where there is some enmity between the parties since Mst. Kulsoom has agitated her complaint much before lodging of the F.I.R. and for that matter the occurrence of the incident as alleged in the F.I.R. It would also be seen that an apology has been submitted by the Complainant on 15-4-2002 whereas the incident alleged in the F.I.R. is also of the same date. Similarly no explanation has been forwarded by the complainant as regards the delay in lodging the F.I.R. which in the circumstances also creates a doubt in the matter. For the foregoing reasons interim pre-arrest bail previously granted to the applicants is confirmed on the same terms and conditions. As far as Cr. Bail 1254/2002 is concerned the F.I.R. is 'the same as in Cr. Bail No.684/2002 as well as the attending facts and circumstances. Since I have already observed that this is a case of further inquiry in the circumstances bail is granted to the applicant Azizur Rehman subject to his furnishing solvent surety in the sum of Rs. 100,000 and P.R. Bond in the like amount to the satisfaction of the Learned Trial Court. Now I take up C.P. S-245/2002 which has been filed by the Petitioner Mst. Kulsoom in which the allegations are with regard to her unlawful confine ment and sexual harassment at the hands of three persons viz; Shahid Bashir, Ayaz and Abid as well as S.H.O. Steel Town. A prayer has been therefore made for registration of an F.I.R. against the Accused persons. Very serious allegation has been made against the proposed accused including rape of the petitioner Kulsoom at the hands of the proposed accused in C.I.A. Centre Malir Karachi where she was unlawfully confined for 9 days viz from 30-4-2002 to 7-5-2002. In my opinion this matter needs a through inquiry. Consequently it is referred to Town Police Officer Bin Qasim Karachi who shall summon the parties before him, given them a proper hearing before reaching his conclusions. He shall submit a report to this Court within a period of two weeks hereafter the office to put up the same. M.B.A./K-22/K Order Accordingly.