1996 P Cr (PLP)

Date of hearing: 16th October, 1994. The petitioner was arrested in case F.I.R. No.211/94 Police Station Manga Mandi, District Lahore which was registered on 14-5-1994 on the basis of statement made by Mst. Hanifan Bibi to D.S.P. Headquarter Sadar Division, Lahore. The petitioner was arrested by the local police on 28-6-1994 and the investigation was completed on 4-7-1994.

2. The bail petition of the present petitioner having been dismissed by the Sessions Court the relief has been sought under the present petition.

3. The complainant was a married woman with 8 kids out of her wedlock from Nazir Ahmad. It is mentioned in her statement that she was going to meet her married daughter in Raiwind city when she was abducted by the present petitioner and. his brother Mushtaq Ahmad. Allegation of Zina-bil-Jabr has been levelled by the complainant against the present petitioner and during the investigation the Investigating Agency collected evidence against the petitioner and his brother Mushtaq Hussain and has also prepared report under section 173, Cr.P.C. The S.I. present in the Court states that the challan has been completed for submission to the Trial Court.

4. Learned counsel for the petitioner submits that the complainant had filed a suit for dissolution of marriage in the Family Court at Kasur. According to the learned counsel for the petitioner the contents of the plaint be read as a statement wherein she had stated that she was living away from her husband out of her own.

5. Learned counsel for the petitioner was unable to show whether the complainant ever appeared before the Judge Family Court to own the contents of the plaint. Stamp on the face of the plaint shown that the same was presented before the, Senior Civil Judge/Judge Family Court Kasur by Mr. Abdul Haque, Advocate. For that reason alone I shall not consider the contents of the plaint as a statement made by the complainant unless proved under the law.

6. Very serious allegations of abduction and against the present petitioner. The complainant was a married woman with a married daughter. The fact that she was away from the house not denied. It is rather being pleaded that she was living away those days. An aged woman with married daughter was abducted on her way. The alleged act of abduction was too daring petitioner deserves no leniency.

7. Without prejudice to the merits of any plea that may be taken before the Trial Court I see no ground for enlarging the petitioner on bail at this stage. The petition is dismissed.

8. Muhammad. Iqbal S. I. present in the Court has been directed to file the challan at the earliest before the competent Court. H.B.T./M-1938/L Petition dismissed