2009 PLP 13 (YLR)

FARRUKH ZIA G. SHAIKH, J.

Applicants Ahmed alias Ahmedo and Ghulam Shabir both by caste Gopang have filed this application under section 497, Cr.P.C. seeking bail, who are required in F.I.R. Crime No.90 of 2007 registered at Police Station, Mehrabpur, District Naushahro Feroze, for an offence under sections 363, 452, 343, 165 & 364-A, P.P.C. In a nut-shell, prosecution story is that the case was initiated on an F.I.R. lodged by Complainant Mst. Hayat Khatoon wife of Abdul Hadi by caste Mari on 14-9-2007 alleging therein that prior to the marriage of Complainant with Abdul Hadi, who has already two wives and on her marriage her father was annoyed with her husband. Her husband has two sons and three daughters from his first wife. On 12-6-2007 leaving behind two daughters namely Baby Moomal aged about 7 years and Baby Zakia in the house, she along with her husband Abdul Hadi and his second wife Mst. Arbab Zadi left for Kamaldero to take medicine from Hospital as Complainant had stomach problem and when at about 4 p.m. they returned to their house and found missing Baby Moomal in the house. Baby Zakia informed them that about noon time, Qurban Ali, Ghulam Shabir, Piral, Ahmed alias Ahmedo have taken away Baby Moomal with them and then Qurban Ali contacted on telephone that they have abducted Baby Moomal and demanded Rs.100,000 for her return. Mr. Zulifquar Ali Jatoi, learned Counsel appearing on behalf of Applicants has argued that the Applicants are respectable and innocent persons and have been entangled in this case due to enmity over the matrimonial affairs. He has also argued that there is a delay of three days in lodging the F.I.R. while distance of Police Station from the place of wardhat is only 7/8 Kilometers, which has not .been explained properly. He has further argued that the incident has taken place on 12-6-2007 and after registration of F.I.R. on 14-9-2007, the Complainant party has remained silent as no efforts are made for the recovery of Baby Moomal. He has also further argued that it is unbelievable that Zakia identified the applicants though they are resident of Nawabshah. In the last he has argued that the Applicants are in Jail since last more than one year and have been punished sufficiently in this false case, investigation has been completed and a challan has been submitted in this case and requested for grant of bail, as their case does not fall within the prohibitory clause of section 497, Cr.P.0 calling further enquiry. On the other hand Mr. Agha Ather Hussain, Assistant Advocate-General appearing on behalf of the State, has opposed to the grant of bail on the ground that Applicants are named in the F.I.R. with a specific role and that still the Baby Moomal has not been recovered, therefore this is not a fit case for grant of bail. According to the contents of F.I.R. there is enmity between the parties. The applicants are in Jail since last more than one year. After completion of the investigation a challan has already been submitted in this case and, thus continued custody of the Applicants in Jail is not likely to serve any beneficial purpose at such a stage. For what has been discussed above the case against both the present applicants calls for further inquiry into their guilt within the purview of subsection (2) of section 497, Cr.P.C. This application is, therefore, allowed and the applicants are admitted to bail subject to furnishing surety in the sum of Rs. 100,000 (Rs. one lac) only each and P.R. Bond in the like amount to the satisfaction of the trial court. Application stands disposed of in the above terms along with all listed applications. H.B.T./A-153/K Bail granted.