2001 PLP 1736 (YLR)

Zahoor A. Baloch for Applicants. Ali Azhar Tunio, A.A.G. for the State. Date of hearing: 1st March, 2001. Present applicants had applied for pre-arrest bail straightaway before this Court and they were granted interim bail by this Court on 19-2-2001 and today matter is fixed for confirmation or otherwise. Brief facts of the case are that the complainant Usman lodged report with Police Station Nauabad District Sanghar bearing Crime No.7 of 2001 wherein he has stated that he has got five sisters, out of them Mst. Umeran who is one of the applicants in this matter was married to one Ghazi Khan who has expired. According to the complainant, Nabi Bux had asked for marriage with the aforenamed Mst. Umeran but such offer was refused by the complainant party and according to the complainant on 31-1-2000 at night time when he and his brother Ali Asghar and Umer were sleeping in the house and their sister Mst. Umeran was also asleep at 4-00 a.m. on 1-2-2001 they heard the cries of Mst. Umeran to which they were woken up and found the present applicant Nabi Bux who was taking away Mst. Umeran and was being associated by other co-applicants. According to the complainant she was taken away by Nabi Bux as accused had demanded the hand of Mst. Umeran and the same was refused, and therefore, Nabi Bux in collusion with co-applicants has committed the offence under sections 11/16, Zina Hudood Ordinance. After registration of the F.I.R. police took. up investigation and the present applicants having apprehension being murdered before concerned Court viz. District and Sessions Court Sanghar, applied for bail before arrest before this Court with contention that this Court has got concurrent jurisdiction under section 498, Cr.P.C. whereby they were granted bail on the ground that if they appear before the concerned Sessions Court, Sanghar, they will be murdered over the issue of Karokari. Today Mr. Azhar Tunio, learned A.A.-G. has submitted that the police papers are with him but has complained that the present applicants are not cooperating with the Police Investigating Agencies. On merits the learned counsel for the State has opposed the confirmation of the bail with contentions that the offence has been committed by Nabi Bux one of the applicants and so also by Mst. Umeran but could not reply satisfactorily when asked as to how the offence falls under section 4 of the Zina Hudood Ordinance when Mst. Umer9n has consummated marriage with Nabi Bux, one of the applicants, and in this regard they have placed on record the Nikahnama and an affidavit which has been sworn in by Mst. Umeran before the Mobile Magistrate Hyderabad. Moreover, she has filed an affidavit before this Court while seeking bail before arrest and she has categorically submitted in her affidavit that she apprehends danger and apprehension that if she goes to Sanghar she will be killed, and therefore, she has approached this Court for pre-arrest bail. She has not supported the contention of the prosecution. Today she is also available as one of the applicants and she has been questioned by Court whether she was forcibly abducted by Nabi Bux to which she replied that neither she was abducted nor any offence has been committed by Nabi Bux and she is residing with Nabi Bux as his wife and she has consummated marriage with him. In view of the admission of the aforenamed Mst. Umeran who is one of the applicants that she and Nabi Bux both are leading harmonious life as husband and wife, the offence is not falling under section 4 of Zina Hudood Ordinance and no offence is made out under; sections 11/16, Zina Hudood Ordinance and after the statement given by the said Mst. Umeran before this Court learned counsel for the State has not opposed to the confirmation of bail and has recorded very frankly his no objection but has prayed that the applicants be directed to extend their cooperation with the Investigating Agencies. In view of the aforementioned facts and circumstances and' no objection recorded by the learned counsel for the State, the interim bail granted earlier by this Court to the applicants is hereby confirmed. However, the applicants are directed to cooperate with Investigating Agencies and in the event of failure, the State is at liberty to file application for cancellation of their bail. Above observations are tentative. H.B.T./A-231/K????????????????????????????????????????????????????????????????????? Interim bail confirmed