2008 PLP 733 (YLR)

IJAZ AHMAD CHAUDHRY, J.

Through this application under section 497, Cr. P. C. the petitioner seeks post-arrest bail in a case F. I. R. No. 173, dated 11-9-2005 registered under sections 10/11 Offence of Zina (Enforcement of Hudood) Ordinance, VII of 1979 read with sections 368/109, P. P. C. at Police Station Mitha Tiwana, District Khushab, on the statement of Fazal Ahmad, the complainant.

2. The brief allegation alleged in the F.I.R. is that Muhammad Javaid, co-accused had developed illicit relations with Mst. Umme Asma, daughter of the complainant, who with the assistance of his sister, the present petitioner and latter's husband namely Muhammad Waris during the night between 9/10-9-2005 had abducted her for the purpose of Zina.

3. The learned counsel for the petitioner has contended that the petitioner is a woman, who had given birth to child on 5-8-2005 and it cannot be expected, that she could have joined hands with the co-accused who are her husband and real brother only one month thereafter; that the case of the petitioner is covered within first proviso of section 497, Cr.P.C. that the present petitioner has falsely been involved in this case with mala fide intention and ulterior motives of the complainant only for the reason that she is wife of Muhammad Waris and real sister of Muhammad Javaid co-accused and it is an unimaginable story that a married lady having children will join the hands with her husband for abducting a woman to contract marriage or commission of Zina; that Muhammad Waris co-accused had in fact contracted marriage with alleged abductee with her free will and consent on 13-9-2005 and she has also sworn an affidavit in this regard, but the petitioner in no way was concerned with such occurrence.

4. The learned counsel for the complainant has opposed this bail petition on the ground that the petitioner is named in the F.I.R. with specific role to have facilitated her husband for the abduction of alleged abductee and that the photo-copy of Nikah-nama produced by the learned counsel for the petitioner is a forged one, therefore, the petitioner is not entitled for concession of bail as the offence falls within the prohibitory clause of section 497, Cr.P.C.

5. The learned counsel for State also opposes the bail petition on the ground that the alleged abductee was kidnapped only for the purpose to sell her.

6. I have heard the learned counsel for the parties and perused the record.

7. The petitioner is a woman and her case falls within the first proviso of section 497, Cr.P.C. She is also mother of a suckling baby who was born on 5-8-2005. Even otherwise according to the allegation in the F.I.R. real brother of the present petitioner namely Javaid co-accused had developed, illicit relations with the alleged abductee who abducted her, but subsequently during the investigation, Muhammad Waris, husband of the petitioner produced Nikah-nama executed with the alleged victim. It is not expected that the petitioner had helped her husband for his second marriage with virgin girl who is. allegedly aged about 20/21 years. The petitioner has succeeded making out a case of further inquiry. Even otherwise, the petitioner is in jail with a suckling baby and nothing is left to be recovered from her who cannot be detained in jail for indefinite period in the afore-said circumstances. In view of above-said discussion, this petition is accepted and the petitioner is admitted to bail subject to furnishing bail bonds in the sum of Rs.10,00,000 with two sureties each in the like amount to the satisfaction of the learned Illaqa/Judicial Magistrate. H.B.T./N-95/L Bail granted.