2009 PLP 2305 (YLR)

MUHAMMAD KHALID ALVI, J.

Petitioners Munawar Hussain and Hashmat Ali seek bail after arrest in case F.I.R. No.366/2007 dated 10-10-2007 under section 376(2), P.P.C. registered at police station Thingi District Vehari.

2. Brief facts of the case as narrated by the complainant in the F.I.R. are that on 14-9-2007 at about 9/10 a.m. Hashmat Ali petitioner came to her college and called for her from class room and disclosed that her parents met with a road accident and asked to accompany for hospital, upon which she accompanied him, but he took her to. a house in spite of hospital, where Munawar Hussain petitioner was already present, he threatened the complainant and then petitioners made her photographs, obtained her signatures upon a blank Nikah" Nama and also committed Zina-bil-Jabr with her.

3. Petitioners earlier bail application Crl. Misc. No. 2878-B/2007 was dismissed by this Court without touching merits of the case merely on the basis of their mala fide conduct. Their second bail application bearing Crl. Misc. No. 335-B/2008 was dismissed vide order dated 20-2-2008 and the third bail application bearing Crl. Misc. No.961-B/2008 was withdrawn by the petitioners.

4. It is contended by the learned trial Court for the petitioners that they have already suffered from 11-2-2008 up to date on account of their misconduct or mala fide, therefore, their case may be heard on merits. It is further submitted that the alleged abductee/complainant had contacted marriage with Munawar Hussain petitioner with her free consent. She executed an affidavit to the effect that nobody had abducted her; that after investigation petitioners were found to be innocent and a discharge report was prepared, however, the same was not agreed by the learned trial Court; that there is a delay of about one month in the registration of the case; that suit for restitution of conjugal rights by Munawar Hussain petitioner against the complainant stands decreed, however, an application for setting aside the same is pending. Suit filed by the complainant is also pending. It is lastly submitted that complainant during the subsistence of her marriage with Munawar Hussain has contracted second marriage without dissolution of marriage with one Riaz. It is also added that during the subsistence of marriage, the complainant visited the office of NADRA and moved an application for obtaining National Identity Card by mentioning therein that she is wife of Munawar Hussain petitioner.

5. On the other hand, learned D.P.G. assisted by learned counsel for the complainant has opposed this application by contending that the complainant was continuously being kept under threat to her life and all the documents were procured as such.

6. I have considered the arguments of the learned counsel for the parties.

7. According to the F.I.R., the complainant managed to escape while she was being carried in a car by two petitioners on her either side with a pistol put at her ribs and she raised alarm whereupon she was rescued. The document produced by the learned counsel for the petitioners, which is an application by the complainant to NADRA authorities for obtaining her NIC by mentioning Munawar Hussain as her husband, clearly demonstrates that if she had been under threat, she could have raised such an alarm in the office of NADRA rather raising alarm in the car while she was directly under the threat of a fire-arm. Apart from this although police verdict is not binding, still it appears that police had examined the Nikah Nama, affidavit and other material and came to the conclusion that petitioners were innocent.

8. Be that as it may, the petitioners are behind the bars for the last about one year. The above said facts also need further inquiry. According, they are admitted to bail subject to their furnishing bail bonds in the sum of Rs.1,00,000 (Rupees one hundred thousand only) each with one surety each in the like amount to the satisfaction of learned trial Court/Duty Magistrate. H.B.T./M-420/L Bail grated.