2009 PLP 3 (YLR)

FARRUKH ZIA G. SHAIKH, J.

Applicants Mumtaz Ali and Ahmed alias Ahmed Bux have filed this Application under sections 497, 498, Cr.P.C. seeking bail, who are required in a case Crime No.73 of 2008 registered at Police Station, Sobhodero, District Khairpur for an offence under sections 365-B, 376, 395, 148, 149, 347, 147, P.P.C. Succinctly, the prosecution story is that the case was initiated on an F.I.R. lodged by Complainant Shafiq Anwar Arain on 11-06-2008 stating therein that he and his brother Jameel Anwar use to reside in a one and same house. His niece Raheela daughter of Jameel Anwar aged about 13 years used to study in IQRA Public School, Gambat, where present Applicant No.1 Mumtaz Ali is teacher. It is alleged in the F.I.R. that complainant party complained many times by Raheela that her teacher (Applicant No.1) is compelling her to keep illicit relations with him. It is further alleged that on 14-4-2008 complainant along with his brothers Jameel Anwar, Khalil Anwar and other family members, was present in the house when at about 6 p.m. six persons duly armed with TT Pistols entered into his house to whom complainant party identified to be Mumtaz (Applicant No.1), Gulshan, Ahmed (Applicant No.2), Moula Bux all by caste Kori resident of Qaider Khan Shahani in company of two unidentified persons. They controlled over the Complainant party on the force of weapons and took golden ornaments from Almirah lying in the house and then Applicants Mumtaz and Ahmed forcibly dragged Raheela by holding her arms, she raised cries. Due to fear of weapons, Complainant party remained silent. Having abducted Raheela and taken away golden ornaments thereafter all the accused persons went away in a white colour van. Mr. Shaukat Ali Phul, learned Counsel appearing on behalf of the applicants contended that there is a delay of more than two months in lodging of an F.I.R. for which there is no plausible explanation. He also argued that alleged abductee Mst. Raheela voluntarily called Applicant Mumtaz to marry her and she sworn such free will affidavit before Civil Judge and Judicial Magistrate, Kambar on 16-4-2008 and her NIKAH was also solemnized with Mumtaz. He further argued that on 14-5-2008 applicant Mumtaz has also lodged an F.I.R. bearing Crime No.131 of 2008 at Police Station, Shandad Kot against Complainant party alleging therein that on 5-5-2008 Complainant Shafiq Ahmed and others have taken away Mst. Raheela from Shandad Kot along with golden ornaments. Messrs Sahib Khan Kanasiro and Farman Ali Kanasiro, learned Counsel appearing for the Complainant vehemently opposed to the grant of this Application on the ground that Applicants are named in the F.I.R. with specific role attributed to them and that the alleged abductee in her 164, Cr.P.C. statement has fully implicated applicants Mumtaz and Ahmed by assigning them a specific role that both entered her room and abducted her and in the statement, she has also alleged Zina against Applicant Mumtaz and requested that bail may be rejected as they do not deserve any concession. Mr. Agha Ather Hussain, learned Assistant Advocate General appearing on behalf of the State vehemently opposed this Application. While defending the State, he adopted the arguments of the learned Counsel appearing for the Complainant. Heard the arguments of Mr. Shaukat Ali Phul, learned Counsel appearing for the Applicants, as well as Mr. Agha Ather Hussain, Assistant Advocate General Sindh appearing on behalf of the State and with their assistance I perused the material available on record. In such cases, if there is a delay in lodging of an F.I.R. on the part of Complainant does not make a sufficient ground for grant of bail. Applicants are named in the F.I.R. with a specific role attributed to them. The alleged abductee has implicated both the Applicants in her 164, Cr.P.C. statement by assigning a specific role to both of them that they entered her room and abducted her and she has also levelled allegation of Zina against Applicant Mumtaz. The alleged abducteewas medically examined by Woman Medical Officer, Gambat and it is reported that Hymen of victim/abductee is not in tact. However, this Court in C.P. No. D-442 of 2003 Re: Mst. Rozina versus Province of Sindh and others while taking serious view, has observed that if the teachers go on damaging the sacred relationship between the teachers and students, particularly the girls by indulging in such type of activities by managing the first, second or third marriage actually or through deceitful means with their students of such young age particularly at School level and that too without the consent of permission of their parents as in this case no parents having some respects, shall send their daughters to the School and whole efforts being taken by the Government to impart more and more education to the girls in the country shall be defeated/frustrated. Consequently, no case for bail is made out. The Application is, therefore dismissed. H.B.T./197/K Bail refused.