1996 P Cr (PLP)

Muhammad Ilyas Siddiqi for Petitioner. Malik Rab Nawaz Noon for the Complainant. Raja Muhammad Ayub for the State. Brief facts of the case are that a case F.I.R. No.238 was registered at Police Station, New Town, Rawalpindi, on 20-8-1995 on the report lodged by one Muhammad Imran to the effect that his sister Begum Jan alias Kiran aged about 13/14 years used to go to neighbouring house for study: She was maltreated by her brother because he had some doubts about the character of neighbourer lady (Mst. Alia). On this Mst. Alia seduced his sister that she might be given beating severely by her brother, as such, she left the house at the instance of Mst. Alia and Afroze Ali, wife and husband, who hatched conspiracy and sent her sister with their one relative to. Karachi. After some time she brought back to Islamabad and. handed over to Women Police Station, Islamabad. The complainant was informed about the presence of his sister Mst. Begum Jan alias Shabana. In this case there are three accused namely Mst. Alia, Afroze Ali and the present petitioner Khalil-ur-Rehman. Afroze Ali applied for bail but the same was withdrawn by the learned counsel on 15-11-1995 During hearing of that application the investigation officer was directed by this Court to visit Karachi and to collect evidence as to whether she had gone to Karachi or not and the other relevant facts be also collected. On return, he reported that it was found that the alleged victim had visited Karachi and stayed there for some time. She came back through Aroasia airplane on 14-8-1995. After hearing her statement was recorded under section 164, Cr.P.C. on the direction of this Court. In that statement allegations of Zina, kidnapping and abduction have been levelled against the present petitioner.

2. Learned counsel for the petitioner seeks bail on the grounds that the name of the accused is not mentioned in the F.I.R.; that during investigation he was declared innocent by the Investigating Officer on 20-11-1995; that the petitioner is serving in H.M.C. Branch, Islamabad and during that period he was present in his office; that the alleged abductee is of quite grown up age; that she left the house of her own accord, as such, no offence is made out; that "Be Form" which has been produced by the complainant is a forged document, therefore, it cannot be said that she is of 13 years of age, and relied upon 1984 PCr.LJ 2469.

3. On the other hand, learned counsel for the complainant and the learned counsel for the State vehemently opposed the bail petition on the ground that she is minor aged about 13/14 years; that she was summoned in the Court and there is an observation from this Court regarding the age of the alleged victim; that her statement was recorded under section 164, Cr.P.C., in which allegations of Zina, kidnapping and abduction have been levelled against the present petitioner; that as far as the delay in recording the statement is concerned, which was recorded under the direction of this Court because it was refused by the learned Magistrate that there is no previous enmity between the parties and at the last, learned counsel for the complainant relied upon the precedents 1990 SCMR 886, 1993 PCr.LJ 1839 and PLD 1991 SC 413.

4. Relying upon the aforesaid precedents learned counsel for the complainant has submitted that in such-like cases solitary statement of the victim is sufficient for making out reasonable ground to refuse bail. Lastly he has contended that the allegations levelled against the present petitioner are or serious nature, whereas the allegations levelled against Afroze Ali accused are I not of such-like nature. In these circumstances the petitioner is not entitled to bail.

5. I have heard the arguments of the learned counsel for the parties and gone through the record. Without making any comments on the merits of the case, it seems that it is not a fit case for grant of bail. Hence the bail petition is dismissed. H.B.T./S-1027/L ???????????????????????????????????????????????????????????????????????????????? Petition dismissed.