2017 PLP 302 (YLRN)
MOBASHAR HUSSAIN — Petitioner Versus The STATE and another — Respondents
| Citation | 2017 PLP 302 (YLRN) |
| Forum / Court | Lahore |
| Bench Members | Abdul Sami Khan, J |
| Parties | MOBASHAR HUSSAIN — Petitioner Versus The STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2017 PLP 302 (YLRN)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2017 PLP 302 (YLRN)?
The case was heard and decided by the Lahore bench comprising: Abdul Sami Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2017 PLP 302 (YLRN) (MOBASHAR HUSSAIN — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rana Shakil Ahmed Khan for Petitioner.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss. 376, 384 & 496-A
Rape, extortion, enticing or taking away or detaining with criminal intent a woman
Allegation against the accused was that he along with co-accused enticed away the daughter of complainant for committing rape with her
Although the accused was named in FIR yet there was a delay of one month and three days in registration of FIR
Alleged abductee had also filed a complaint against her father and brother along with other relatives in which she had stated that she had contracted marriage with the accused with her free will and consent
Alleged abductee when joined her parents, she had taken somersault and levelled allegations of rape against accused along with co-accused in her statement recorded under S.164, Cr.P.C.
Such had become a common practice that in such a situation parents of girl usually register FIR against the boy and his family members due to the grudge that their daughter had contracted love marriage and girl/alleged abductee resiled from her earlier statement
Alleged abductee had also filed suit for dissolution of marriage which had been pending before proper forum (Family Court)
Accused was previous non-convict and never involved in any other case
Accused was behind the bars since 18.04.2015
Investigation of case had already completed and accused was no more required for further investigation
Further incarceration of accused in jail would not serve any useful purpose
Case of accused had become one of further inquiry covered by subsection (2) of S.497 Cr. P. C.
Bail was granted accordingly. [Para. 2 of the judgment] Muhammad Azam v. Muhammad Iqbal and others PLD 1984 SC 95 rel. Irfan Zia, Deputy Prosecutor General for the State and Siraj Din, A.S.I. with record.
Judgment & Decree
ABDUL SAMI KHAN, J.
Through this petition under section 497, Cr.P.C. the petitioner Mubashir Hussain has sought bail after arrest in case FIR No.185/2015 dated 27.03.2015 under sections 376, 384, 496-A, P.P.C., Police Station Manawan, Lahore.
2. The arguments advanced by the learned counsel for the parties have been heard and the record of this case has also been perused with their able assistance. This is bail after arrest and deeper appreciation is not allowed at this stage. It has been noticed that although the petitioner is named in FIR, yet the fact remains that there is a delay of one month and three days in registration of FIR which has not been explained by the complainant, which prima facie reflects that the FIR has been got recorded after due deliberation and consultation. The allegation against the petitioner is that on 24.02.2015 he along with co-accused Muhammad Saddique enticed away the daughter of complainant for committing rape with her. It has also been noticed by this Court that the alleged abductee Mst. Mugheera Tahir has filed a private complaint against her father and brother along with other relatives in which she has categorically stated in her cursory statement before the learned Magistrate Okara that being sui juris she has contracted marriage with the petitioner on 20.2.2015 with her free will and consent and in this regard copy of the Nikah Nama is attached with this petition. Thereafter when Mst. Mugheera Tahir joined her parents she has taken somersault and has levelled allegations of rape against the present petitioner along with co-accused in her statement recorded under section 164, Cr.P.C. It is common practice in our society that parents of the girl usually got register FIR against the boy and his family members due to the grudge that their daughter had contracted love marriage and the girl/alleged abductee also resile from her earlier statement/version. Besides Mst. Mugheera Tahir the alleged abductee has filed suit for dissolution of marriage against the petitioner Mubashir Hussain which is pending adjudication before the court of learned Judge Family Court, Wazirabad which is a proper forum to decide such matters. Reliance can easily be placed upon case titled as (Muhammad Azam v. Muhammad Iqbal and others) PLD 1984 SC
95. Admittedly the petitioner is previous non-convict and never involved in any other case. He is behind the bars since 18.04.2015. Investigation of the case is complete and the petitioner is no more required for further investigation. His further incarceration in jail would not serve any useful purpose.
3. For what has been discussed above, the case of the petitioner becomes one of further inquiry covered by subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is granted bail after arrest subject to his furnishing bail bond in the sum of Rs.1,00,000/- (Rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the learned Trial Court.
4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only. WA/M-137/L Bail granted.