2020 P Cr (PLP)

SAYYED MAZAHAR ALI AKBAR NAQVI, J.

By means of instant petition, Muhammad Afzal, Muhammad Sultan and Muhammad Imran (petitioners) seek post-arrest bail in case FIR No.500, dated 06.07.2019, offence under section 365-B, P.P.C., registered with Police Station, Sadar Jaranwala, District Faisalabad.

2. Allegation against the petitioners, in brief as per contents of the crime report is that in between the night of 21/22.06.2019 at 10:00 p.m. they along with their co-accused abducted daughter of the complainant namely Kashifa with intent to commit zina with her.

3. Learned counsel for the petitioners contends that the petitioners have falsely been involved in this case by the complainant against the actual facts and circumstances with ulterior motives. It is argued that there is delay of fourteen days in lodging the crime report for which no explanation has been rendered by the prosecution. As a matter of fact, it is contended that the petitioners have been roped in this case by the complainant just being real brothers of Muhammad Ashfaq, co-accused, with whom the alleged abductee has entered into bond of marriage with her free will and consent and she also filed private complaint under sections 452, 506, 354, P.P.C., in this regard before the learned Illaqa Magistrate, wherein she has got recorded statement favouring the accused party. Such circumstances, it is contended make the case against the petitioners one of further inquiry falling within the ambit of section 497(2), Cr.P.C. In such backdrop, it is argued that the petitioners are.entitled to the relief prayed for by means of instant petition.

4. As against above, learned Deputy Prosecutor General assisted by learned counsel for the complainant has opposed this petition with vehemence. It is argued that the petitioners are named in the FIR with specific allegation. Adds that the PWs have fully implicated the petitioners in this case through their statements recorded under section 161, Cr.P.C. In such backdrop, it is submitted that the petitioners are not entitled to the relief prayed for.

5. Arguments advanced pro and contra have been heard. I have also gone through the record available on file.

6. Though the petitioners are named in the crime report, however this Court has to see from the facts and circumstances whether case against the petitioners to the extent of grant of relief prayed for is made out or not. There is delay of fourteen days in lodging the crime report for which no plausible explanation has been rendered by the prosecution. Undeniably all the three petitioners are real brothers of Muhammad Ashfaq, co-accused, with whom the alleged abductee has entered into bond of marriage on 19.06.2019. She also filed private complaint under sections 452, 506, 354, P.P.C., in this regard before the learned Illaqa Magistrate, wherein she has got recorded statement favouring the accused party. Moreover, in pursuance of order dated 27.08.2019, Mst. Kashifa (the alleged abductee) has been produced before this Court from dar-ul-aman. When confronted, she states in categorical terms that she being sui juris has entered into bond of marriage with Muhammad Ashfaq, brother of the petitioners, with her free will and consent. The Investigating Officer present before the Court also states that during the course of investigation, the nikahnama has been found genuine. In such circumstances the case against the petitioners becomes one of further inquiry falling within the ambit of section. 497(2), Cr.P.C. The petitioners are behind the bars since the date of their arrest and investigation being complete, they are no more required by the police for further investigation and as such no useful purpose would be served by their further detention in jail.

7. For the foregoing facts and circumstances, this Court is persuaded to accept this petition. Resultantly, the instant petition is accepted and the petitioners are admitted to bail after arrest subject to their furnishing bail bonds in the sum of Rs.1,00,000/- each with one surety each in the like amount to the satisfaction of learned trial court. The alleged abductee namely Kashifa, who was lodged in dar-ul-aman, Lahore by this Court vide order dated 27.08.2015 present before the Court is set at liberty. SA/M-194/L Bail granted.