2009 PLP 1500 (YLR)

KHURSHID ANWAR BHINDER, J.

Kashif alias Kashi, petitioner seeks post arrest bail in case F.I.R. No. 551, dated 8-5-2007, registered under section 365-B, P.P.C. at Police Station City Jaranwala District Faisalabad.

2. Precise allegations against the petitioner, as per narration of the F.I.R., are that he had abducted Mst. Nargis Bibi daughter of the complainant and had subsequently committed zina-bil-jabr with her.

3. Learned counsel for the petitioner submits that a false and fabricated case has been registered against the petitioner as no such occurrence had taken place, there is 38 days' delay in lodging of the F.I.R. which has not been explained by the complainant, therefore, possibility of deliberations cannot be ruled out. He further submits that despite the fact that the petitioner remained on physical remand but no recovery has been effected from him. He has particularly referred to the statement which the abductee made before the Investigating Officer under section 161, Cr.P.C. that, the petitioner had not abducted her rather she had gone with her with her own sweet-will. He has also referred to another statement which she made before the Magistrate under section 164, Cr.P.C. wherein she fully implicates the petitioner with the commission of the offence, therefore, in the presence of two contradictory statements no credibility could be attached to the statement of the abductee. He lastly submits that there is no direct or indirect evidence against the peti tioner which could connect the petitioner with the commission of the offence.

4. Learned DPG opposes the bail application and submits that the abductee had stated before the Magistrate that the petitioner is the one who had abducted her and committed zina-bil-jabr with her. Petitioner has committed a heinous crime of abduction of the abductee. He has also referred to the statements of Habib and Jamal who had seen the occurrence and had stated before the Investigating Officer in their statements that they had seen the petitioner taking along with him the daughter of the complainant in a car.

5. I have heard both the learned counsel and have also perused the record. There is no denying the fact that the petitioner is nominated in the F.I.R. with specific role of abduction but I am afraid that the story of the F.I.R. does not appear to be plausible for the reason that there is no direct or indirect evidence against the petitioner regarding the commission of the offence.

6. As far as the argument of the learned DPG regarding the available evidence on record of Habib and Jamal who had stated before the Investigating Officer that they had seen the petitioner removing the daughter of the complainant in a car and had abducted her seems implausible because when two persons can see the occurrence there was no reason why could not they apprehend the petitioner at the spot when they realized that the daughter of the complainant is being abducted. Moreover, when Mst. Nargis. Bibi knew that she is being abducted and she is carried away against her wishes she could have made hue and cry in the locality and attract the people but I am afraid she has not done so therefore, the story narrated in the F.I.R. seems highly improbable. Furthermore, both the statements of the abdcctee are at variance and contradictory, therefore, no reliance can be placed on the credibility of her statements. Above all, the medical evidence proves the fact that she is a woman of easy virtue and semen stained swabs were not sent for grouping by the prosecution for the purposes of determining the fact as to whether the swabs belong to whom. There is 38 day's delay in lodging of the F.I.R. which could not be explained, therefore, possibility of deliberations in the F.I.R. cannot be ruled out.

7. For the foregoing reasons, the case of the petitioner is that of further inquiry into his guilt. I, therefore, admit the petitioner to bail subject to his furnishing bail bonds in the sum of Rs.50,000 with two sureties in the like amount each to the satisfaction of the trial Court. H.B.T./K-56/L Bail granted.