2012 PLP 1530 (MLD)

SAGHEER AHMAD QADRI, J.

Petitioner Muhammad Siddiq son of Malik Rasool Bakhsh has moved this petition for grant of post arrest bail in case F.I.R. No. 949 dated 28-12-2011 registered under section 365-B, P.P.C. at Police Station Gujjar Khan at Rawalpindi.

2. F.I.R. was lodged by Jamil Amjad son of Abdul Ghafoor on 28-12-2011 mentioning the facts that on 19-12-2011 he was away from his house to attend the funeral ceremony of his uncle leaving behind his daughter Mst. Misbah Jamil at the house. On that day at 3-00/4-00 p.m. it came into his knowledge that his daughter was missing from the house, he reached there, searched for her and was informed by Shahid Iqbal and Nadeem Ali that they had seen her in the company of Hafiz Muhammad Siddique, Imam Masjid travelling in a Suzuki Carry towards Gujjar Khan. He had been searching for his daughter but could not locate her. On this report instant case mentioned above initially under section 365-B, P.P.C. was registered and later on Mst. Misbah Jamil was recovered and her statement under section 164, Cr.P.C. was recorded on 9-3-2012 wherein she levelled allegation that petitioner enticed her away under certain false pretexts and subsequently took her to Bahawalpur where his first wife along with children was residing. She was later on removed to Yazman and petitioner got her thumb impressions/signatures on some papers and also committed Zina with her.

3. Learned counsel for the petitioner contends that allegations against the petitioner are false, he has not committed any offence; that there is delay of about 19 days in the lodging the F.I.R. which is unexplained; that alleged abductee is legally wedded wife of the accused; that Nikah Nama has not so far been challenged; that the alleged abductee filed private complaint in the Court of learned Judicial Magistrate Yazman wherein she admitted herself as lawful wedded wife of the petitioner; that she also filed petition under section 22-A, Cr.P.C. against her father and uncle; that later on abductee was recovered on 9-3-2012 and her statement under section 164, Cr.P.C. was recorded on the same day wherein she did not state about the private complaint as well as petition under section 22-A, Cr.P.C; that she also filed suit for jactitation of marriage while the petitioner filed suit for restitution of conjugal rights and both the suits are pending before learned Judge Family Court, Rawalpindi. While relying on "Muhammad Shehzad and another v. State and another" (PLJ 2010 Cr.C. (Lahore) 324) and "Muhammad Ayub) and another v. The State" (2005 MLD 421) prayed that as case of the petitioner requires further probe falling under section 497(2), Cr.P.C. therefore, he be released on bail.

4. On the other hand, learned Additional Prosecutor-General assisted by learned counsel for the complainant opposed the petition on the ground, that second accused is still at large who was seen along with the present petitioner in the company of the alleged abductee; that challan has already been submitted before the learned trial Court. While relying on "SHAHBAZ AHMED v. THE STATE and another" (2011 PCr.LJ 943), prayed that bail be dismissed.

5. I have heard the learned counsel for the parties and perused the record.

6. If the statement of the abductee recorded under section 164, Cr.P.C. is seen, she admitted that she eloped with the petitioner. She accompanied him till Bahawalpur and Yazman where they lived together. Certified copies of the Nikah Nama, application under section 22-A, Cr.P.C. and a private complaint under sections 452/506, P.P.C. lodged by the alleged abductee Mst. Misbah Jamil wherein she levelled allegations against her parents for harassment etc. as well as suit for restitution of conjugal rights and a Photostat copy of suit for Jactitation of marriage filed by the alleged abductee are present on record. It is yet to be decided by the learned Judge Family Court about the genuineness of the Nikah Nama. During arguments on query by this Court, Investigating Officer was unable to satisfy the Court if he ever tried to investigate about the genuineness of the Nikah Nama, hence, in these circumstances, case of petitioner requires further probe falling under section 497(2), Cr.P.C., therefore, while allowing this petition, petitioner who is detained in lock up and is no more required by the police for any further investigation purposes, is directed to be released on bail subject to furnishing the bail bonds in the sum of Rs.1,00,000 (Rupees one hundred thousand) with one surety in the like amount to the satisfaction of learned trial Court. M.W.A./M-196/L Bail granted.