2010 PLP 155 (MLD)

TARIQ PERVAIZ KHAN, C.J.

My this order shall dispose of two bail applications filed by Ihsanullah bearing No.1590 of 2008 and the other filed by two accused namely Rafiullah and Hamidullah which bears No.1626 of 2008. Both these bail applications are the outcome of single F.I.R. bearing No.606, dated 30-10-2008 of Police Station Jangle Khel Kohat. Charge as set up by Mst. Sobia, who has been recorded to be the wife of one Mudassir, a resident of Chak No.50, Sargodha South.

2. She filed a written statement to the S.H.O. of Police Station Jangle Khel Kohat which was then incorporated into F.I.R. According to her statement she was married to Mudassir and gave birth to a female child whereafter the relation between the spouses became strained, she then left the house of her husband and met .one Aamir who pretended that he will be treating her as sister and brought her to Mardan. It was alleged that in Mardan one Subhanullah, the said Aamir and mother-in-law of Aamir allegedly sold her out under the garb of marriage to Hamidullah one of the petitioners. She further stated that she was subjected to Zina by Hamidullah for few days but then she got a chance to flee away. However, she was arrested by the police and taken to Women Crisis Centre Mardan. From the Centre she somehow or the other again landed into the hands of Aamir and Ihsanullah who took her back to Hamidullah the petitioner where again she was subjected to Zina for few days and she again got a chance to escape from the house of Hamidullah and then she spent a night in the house of Samiullah, therefore, the charge.

3. All efforts were made to serve the complainant-lady. Her husband Mudassir and her parents have all refused to get themselves associated with the investigation of this case and even her present whereabouts are not known to them.

4. Rafiullah petitioner is only given the role of a witness to the second Nikah whereas Hamiddullah petitioner is said to have contracted a fraudulent marriage with the complainant-lady. Role attributed to Ihsanullah is that he also facilitated the crime.

5. Except for the statement of complainant-lady which does require corroboration through the medical evidence and through any independent source including statement of her husband Mudassir and the conduct of complainant-lady that she would every time conveniently escape from Hamidullah, has created sufficient room into the probe of guilt of the present petitioners. Both these bail applications are, therefore, allowed. The petitioners be released on bail provided each of them furnishes bail bonds in the sum of Rs. One lac with two sureties, each in the like amount, to the satisfaction of Illaqa Judicial Magistrate. H.B.T./187/P Bail granted.