2000 PLP 1042 (YLR)

The facts leading to present application for bail are that applicant/accused is facing trial in Sessions Case No.25 fo 1999 before the learned Additional Sessions Judge, Malir, Karachi, under sections 363 and 34, P.P.C., read with section 1.6 of Offences of Zina (Enforcement "of Hudood) Ordinance, 1979 which arose out of F.I.R. No.174 of 1998 of Police Station Gulzar‑e‑Hijri, Karachi. The brief facts of the prosecution case as disclosed in the F.I.R., lodged by complainant Abdul Rehman on 16‑9‑1998 are that Musmat Allah Rakhi sister of the complainant and P. W. Mst. Salina went to manhole Guna. Mandi Service Road Super High Way for washing the clothes. P. W. Musmat Salina on her return informed the complainant that applicant/accused alongwith accused Younis, Sharif and two unknown persons alongwith unknown women have kidnapped Musmat Allah Rakhi by putting her in a Toyta Hiace Vehicle. Complainant searched his sister Musmat Allah Rakhi but he failed to get, any clue, therefore, he lodged the report with police. The applicant/accused made various applications for bail which were either rejected or not pressed. The last bail application was filed on 16‑1‑1999 which was dismissed by impugned order, dated 1‑2‑1999. I have heard Mr. Arshad Jamal Siddiqui learned counsel for the applicant/accused; Mr. Farid Ahmad Dayo the learned counsel for the complainant and Mr. Muhammad Saleh Panhwar learned counsel on behalf of A.‑G. for the State. The perusal of record shows that on 18-11‑1998 the applicant/accused alongwith alleged abductee voluntarily surrendered before the Investigating Officer. The alleged abductee was produced before Judicial Magistrate Malir, Karachi on 21‑11‑1998 for her statement under section 164, Cr.P.C. In the said statement she has stated that she was not kidnapped or abducted but she voluntarily went to Alipur 'District, Muzafargarh Punjab where her brother was previously residing. She married with the applicant/accused of her free will and accord. Such copy of Nikahnama has been placed on record. After recording the statement of alleged abductee the Magistrate sent her to Darul Aman whereas the applicant/accused was remanded to judicial custody. The record reveals that previously the applicant/accused was married with Musmat Amna sister of the complainant and he divorced her on 30‑9‑1997. The copy of Divorce deed, dated 30‑9‑1997 has been placed do the record. The attesting witnesses of divorce deed have confirmed its contents, by way of affidavits 'filed` in support of‑the bail plea. After investigation the police came to conclusion that the case is false and 113 marriage was validly contracted. Such report under section 169, Cr.P.C., was submitted by Investigating Officer before the Trial Court for the acquittal of applicant/accused. The upshot of the above discussion is that there are prima facie reasonable grounds to believe that applicant/accused is not guilt E of the offence with which he is charged and case necessitates further enquiry contemplated under section 497(2), Cr.P.C. In this context I am fortified by the decision of Hon'ble Supreme Court in case of Allah Dad v. Mukhtar and Mst. Rashid Akhtar reported in 1992 SCMR 1273. Consequently, bail is granted to the applicant/accused in the sum of Rs. 100,000 (Rupees One Lac only) and P.R. Bond in the like' amount to the satisfaction of the Trial Court. By my short order, dated 17‑5‑1999 bail was granted to the applicant/accused and above are the detailed reasons for the same. H. B. T./A‑6/K Bail granted.