1997 P Cr (PLP)

Zahid Hussain Khan and M. Abdul Wahid for Petitioner. Khan Muhammad Vehniwal for the State. Date of hearing: 14th November, 1993. Tariq Masood alias Tariq Maqsood and Muhammad Hanif petitioners in Criminal Miscellaneous No.3864/B of 1993 and Noor Muhammad petitioner in Criminal Miscellaneous No.4103/B of 1993, who are involved in a case under sections 10, 13 and 14 of Ordinance VII of 1979, arising out of F.I.R. No.73, dated 28-7-1993, registered at Police Station Jandanwala, seek to be admitted to bail. I propose to dispose of both these petitions by this order.

2. As per F.I.R. the allegations against the petitioners are that they abducted Mst. Surraya Bibi for the purposes of having illicit relations with her and also to sell her for the purposes of prostitution.

3. Learned counsel for the petitioners submitted that the abductee made two contradictory statements under section 164, Cr.P.C. before the different Magistrates. In her statement, dated 21-12-1991, she categorically accused Abdul Ghani complainant in the present case of committing Zina-bil-Jabr with her, whereas in her statement, dated 29-7-1993, she supported the version given in the F.I.R. and levelled allegation of Zina-bil-Jabr against the present petitioners. He further urged that during the investigation of this case, Muhammad Shafiq, against whom the abductee levelled same allegation was allowed pre-arrest bail by this Court in Criminal Miscellaneous No.3874/B of 1993, on the ground that he was found innocent during the investigation; hence in the presence of this material, the case against the petitioners is one of further inquiry, as it would be determined after the recording of detailed evidence by the trial Court, whether actually the version given by the prosecutrix is believable or not; hence the petitioners are entitled to the grant of bail. 4, Learned counsel for the Stake has opposed these bail applications and submitted that the statement of the abductee, dated 21-12-1991, was no doubt taken down by the Magistrate, but that was made when she was under the influence of the accused party and the subsequent statement of the abductee, dated 29-7-1993 is the correct version of the occurrence, in which she has levelled allegation of Zina-bil-Jabr against the petitioners; hence the petitioners are not entitled to the grant of bail as their case falls within the prohibitory clause.

5. I have heard the learned counsel for the parties and have perused the record. Admittedly, the abductee made two statements under section 164; Cr.P.C. before two different Magistrates in which she has levelled wild allegations against the complainant as well as against the petitioners. Muhammad Shafiq, one of the accused, nominated by the abductee, who allegedly committed Zina-bil-Jabr with her was found innocent by the local police as well as by the S.D.P.O. which shows that the abductee has not given the correct version in her statement under section 164, Cr.P.C. In the presence of the material referred to above, the case against the petitioners seems to be one of further inquiry. So, the petitioners in both the petitions are admitted to bail in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety each in the like amount to the satisfaction of the A.C., Kaloorkot. N.H.Q./N-355/L Bail granted.