2009 P Cr (PLP)

KAZIM ALI MALIK, J.

Mst. Madiha Jabeen petitioner is an unmarried daughter of Muhammad Banaras resident of Dhoke Feroze Chakwal. She was arrested in case F.I.R. No.139, dated 30-5-2008 under sections 395/412, P.P.C. registered with Police Station Saddar Chakwal and was declined bail by a learned Additional Sessions Judge, Chakwal vide order, dated 11-7-2008. Hence, this bail petition.

2. Tahir Mahrnood, complainant, is a Homeopathic Doctor. He got registered the case on 30-5-2008 with an allegation that on 28-5-2008 at about 9-30 a.m. he along with Siddique Ahmad Khan, P.W. was on his way to village Dhaab Khushal on a motor bike in connection with some personal job, when two motor cyclists and four car riders armed with deadly weapons overtook his motor bike and that unknown six accused persons took him and his companion in a nearby field and deprived him of Rs.10,000 cash ATM card and a cell phone at pistol point.

3. The complainant further claimed that he privately searched the culprits without approaching the police and learnt as a result of private inquiry that (i) Bihar Jameel, (ii) Arif, (iii) Tariq Mahmood, (iv) Tajamal Habib, (v) Shaukat Ali and (vi) Samar were the actual culprits.

4. The above said case was registered on a written complaint of Tahir Mahmood. After registration of the case the complainant made another written application with an additional allegation that Mst. Madiha Jabeen, petitioner contacted him on cell phone for an appointment for her medical check up; that he also responded her call asking her to reach the village for which he proposed to leave on motor bike and that in his assessment the petitioner telephoned him on the asking of male accused persons nominated in the F.I.R. in order to determine his exact location.

5. The woman petitioner was arrested when she got recovered cell phone, which had been snatched by the six male accused persons.

6. Admittedly, the petitioner was not present at the spot at the relevant time. She did not join her co-accused persons when they allegedly looted the complainant. The only allegation against the woman petitioner, in brief, was that she established contact with the complainant doctor on cell phone seeking appointment for her medical check up. The available record does not tell as to what were the special circumstances which prompted the complainant doctor to ask the patient young girl to see him on the way. In the normal course of events the complainant doctor was expected to give her appointment for medical check-up in his clinic. It was not possible and desirable for the complainant doctor to examine young ailing girl on road side or at any other place other than his clinic. The motive behind involvement of the woman petitioner, in the circumstances, appears to be shrouded in mystery.

7. The learned counsel for woman petitioner was a little bit reluctant to argue at the cost of decency that the young girl refused to yield to unholy desire of the complainant, upon which he got her involved in a case punishable with imprisonment for life after having joined hands with the local police. I exercise a restraint .and do not find it appropriate to say at this stage that sexual lust overpowered the complainant to such an extent that he hired the services of local police in order to teach a lesson to the girl, who dismissed his unholy immoral demand. I leave this controversy to the judgment of Investigating Agency so long as the case is under investigation and then to the trial Court, which is solely responsible to determine the question of guilt or innocence of the challaned accused.

8. Tentative assessment of the material and attending circumstances of the case has provided a basis to say that the complainant laid reshaped version before the police qua the role of unmarried young girl without previous criminal record. It appears that the complainant attempted to minimize his own role in respect of his telephonic contact with the girl asking her to see him at a place other than his clinic for her medical check-up. This state of affairs has adversely affected complainant's version.

9. The learned Law Officer attempted to argue that after her arrest the petitioner led to the recovery of cell phone, which had been snatched by the male accused persons. Keeping in view the mode and manner of involvement of the woman petitioner in the case, the recovery of cell phone appears to be doubtful.

10. For what has been stated above the allegation against the petitioner is open to serious doubt. Needless to add that the benefit of doubt, however slight, is right of the accused even at bail stage. I, therefore, allow bail to the petitioner subject to furnishing bail bond in the sum of Rs.50,000 (fifty thousand only) with one surety in the like amount to the satisfaction of trial Court.

11. Before parting with this order I feel persuaded to get the case reinvestigated by an officer of good repute. The way a young unmarried girl without previous record was roped in, should not be lightly ignored. This Court in its constitutional jurisdiction is custodian of constitutionally guaranteed rights of citizens in respect of their dignity, liberty and privacy. Although the subject of investigation of a criminal case falls within exclusive domain of the police/Investigating Agency, yet this Court is not supposed to decide the matter touching human liberty and dignity in a mechanical way leaving the aggrieved to the mercy of Investigating Agency. In the ease in hand, the complainant, who happens to be homeopathic doctor, established contact with a young unmarried girl, who previously sought appointment for her medical check-up, and asked her to see him at a place other than his clinic. Although, it is not possible to hold mini trial of the allegation before inception of regular trial, but this Court cannot and should not accept and believe ridiculous and flimsy stories offensive to accept standard of normal human behaviour, without application of judicial and legal mind. By converting this bail petition into a petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, I dispose of the matter with a direction to Regional Police Officer, Rawalpindi to entrust investigation of the case to an officer of good repute outside District Chakwal and to get it finalized on facts under his direct and constant supervision. N.H.Q./M-375/L Bail allowed.