1989 P Cr (PLP)

Ch. Shaukat Ali Javed for the Complainant. Javed Shaukat for the State. This is a petition for bail on behalf of Ghulam Haider, Muhammad Ashraf, Nazar Hussain, Muhammad Hayat and Sahib Khan petitioners who are accused in a case under sections 148 and 354‑A/149, P.P.C.

2. The F.I.R. version is that Ghulam Haider petitioner had a suspicion that Muhammad Anar complainant had illicit relations with his wife, therefore, he asked him not to visit his house. On 25‑7‑1988 at 5 p.m. Mst. Zenab Bibi (aged 7/8 years), daughter of the complainant, was sitting on a cot in front of her house when all the petitioners came there raising Lalkaras. Sahib Khan petitioner was armed with a stick and the others had guns. Ghulam Haider petitioner held the arm of Mst. Zenab and said that he would avenge his insult. On the alarm of Mst. Zenab Muhammad Anar complainant, Fateh Muhammad son of Muhammad Khan and Fateh Muhammad son of Ali Muhammad rushed to the spot. In their presence Ghulam Haider and Hayat petitioners removed the Shalwar of Mst. Zenab while Muhammad Ashraf, Nazar Hussain and Sahib Khan petitioners kept them at bay by showing their weapons. Then all the accused left the spot taking away the Shalwar of Mst. Zenab with them. During the investigation, the complainant produced the Shalwar before the police on 26‑8‑1988. It was found lying m his Jawar field.

3. Learned counsel for the petitioners contends that on the facts alleged section 354‑A,'P.P.C. is not attracted and at best a case under section 354, P.P.C. is made out which is bailable. Learned counsel for the State and the complainant have opposed the prayer for bail. They submit that all the petitioners came to the spot duly armed and forcibly removed the Shalwar of a minor girl exposing her to the public view, therefore, they are not entitled to the concession of bail.

4. I have considered the submissions made at the Bar in the light of the material available on the record. Except the alleged show of arms, no overt act has been attributed to Nazar Hussain, Muhammad Ashraf and Sahib Khan petitioners. Ghulam Haider and Hayat petitioners are alleged to have removed the Shalwar of Mst. Zenab. The site plan indicates that Mst. Zenab was sitting on a cot lying in the courtyard of her house when her Shalwar was allegedly removed. The question whether in that condition, while being in the courtyard of A her own house, she was exposed to the public view, would require a serious consideration at the trial and is to be determined on the basis of evidence to be adduced by the parties. The Shalwar was not recovered from any of the accused persons. It was produced by the complainant before the police about one month after the occurrence. In the circumstances, I feel inclined to the view that a case for the enlargement of the petitioners is made out. I, therefore, admit them to bail in the sum of Rs.20,000 each with two sureties each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Jauharabad. M.Y.H./G‑194/L Bail allowed.