2007 PLP 922 (YLR)

FAZAL-E-MIRAN CHAUHAN, J.

The petitioner-Liaqat Ali seeks. post arrest bail in case F.I.R. No.26, dated 24-1-2005, under sections 10(3) and 11, Offence of Zian (Enforcement of Hudood) Ordinance No.VII of 1979, registered at Police Station, Gaggo, District Vehari on the statement of Mst. Asma Bibi complainant.

2. Briefly the facts of the prosecution version are that on 21-12-2004, complainant was alone in her house. Mst. Naziran Bibi came her house and asked to accompany her to Gaggo for shopping. The complainant went along with Mst. Naziran Bibi. In the way, Manzoor Husain and Sajawal Mahmood met them to whom Mst. Naziran Bibi informed that she along with the complainant was going for shopping. When they reached at metalled road, a car was standing there in which one Mashooq armed with Pistol and the other two unknown persons also armed with Pistols were present. Mashooq Ali caught hold of the complainant and boarded her in the car and threatened not to raise hue and cry. They took her to Arifwala and confined her in a house where Mashooq Ali committed Zina-bil-Jabr with her. After two days, Liaqat Ali-petitioner and one Abdullah came there and obtained her thumb-impression on some papers and also made her photos. Liaqat Ali petitioner also committed Zina-bil-Jabr with her. On having a chance complainant fled away from there. The petitioner, was arrested in the above said case and his application for bail after arrest was dismissed by Additional Sessions Judge, Burewala vide his order dated 1-3-2005, hence, this bail petition. 2-A. It is contended by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. He has been falsely involved in the case due to enmity and party faction. There is colossal delay of one month and three days in lodging the F.I.R. for which no plausible explanation has been given. The alleged abductee Mst. Asma on her own free will and consent contracted marriage with Mashooq Ali son of Abdullah, who is nephew of the petitioner. The petitioner has been involved only being the relative of Mashooq Ali main accused. On 25-12-2004, father of Mst. Asma made a statement in the presence of the witnesses before Punchayat that his daughter Mst. Asma had contracted marriage with Mashooq Ali accused on her free-will and consent and she was not abducted by anybody. Now, in the presence of Punchayat, she was divorced by Mashooq Ali on the undertaking that she will not launch any criminal proceedings against Mashooq Ali and others. The petitioner, who is uncle of Mashooq Ali accused cannot think of committing Zina with wife of his nephew. The petitioner is behind the bars for the last more than nine months. Therefore, petitioner deserves the concession of bail.

3. On the contrary, learned counsel for the complainant assisted by learned State counsel has vehemently opposed the bail petition on the grounds that the petitioner has committed heinous offence, which falls within the prohibitory clause of section 497, Cr.P.C. The petitioner along with his co-accused are habitual criminals of committing Zina and abduction of girls in such like cases. As claimed by the petitioner that he is not real uncle of Mashooq Ali-accused and he has been specifically nominated by Mst. Asma Bibi-complainant that he committed Zina with her. The statement of victim Mst. Asma Bibi cannot be ignored. Hence, he is not entitled for the grant of bail.

4. I have heard the learned counsel for the parties and perused the record. A specific role of committing Zina with the victim Mst. Asma Bibi has been attributed to the petitioner. As per police record, the petitioner along with his co-accused are involved in such cases of committing Zina and abduction of girls. The petitioner is involved in a heinous crime and is not entitled for the grant of bail at this early stage of the case. Thus, bail petition is accordingly dismissed. H.B.T./L-1/L Bail refused.