2001 PLP 683 (MLD)

‑‑‑‑S. 497(5)‑‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10/11‑‑‑Cancellation of pre‑arrest bail‑‑‑Complainant had involved all the family members of the accused in the case‑‑‑Father, mother and sister of the accused did not appear to have joined him in the abduction of the girl‑‑‑Parents were not expected to join such a nefarious act of their son‑‑‑Allegation in the F.I.R. on the face of it appeared to be false‑‑ Impugned order passed by Sessions Court granting pre‑arrest bail to accused did not suffer from any perversity or error of law‑‑‑Petition for cancellation of bail was dismissed in limine accordingly. Chaudhry Muhammad Ashraf Mohandra for Petitioner. Petitioner/complainant seeks cancellation of pre‑arrest bail granted to respondents Nos. l to 3 by the learned Additional Sessions Judge, vide order dated 28‑4‑1999.

2. Learned counsel for the petitioner, at the very outset, stated that respondent No.4 Tahir Saleem is not on bail and has been wrongly cited as respondent No.4 in the petition.

3. Brief facts of the case are that Mst. Naushaba Nargus was abducted by respondents Nos. l to 3 and Tahir Saleem. Muhammad Skid, the brother of the aforesaid abductee, lodged the F.I.R. with the police alleging that Mst. Naushaba Nargus was abducted on the pretext of accident of her brother Sarfraz, Her father is already dead. The abductee has not been recovered so far, neither Tahir Saleem has been arrested as yet.

4. Learned counsel for the petitioner submits that it was not a fit case for grant of pre‑arrest bail and the learned Additional Sessions Judge erroneously granted them bail through the impugned order without awaiting the recover of the abductee and the arrest of Tahir Saleem.

5. I have heard the learned counsel for the petitioner and perused the material available on the file. Mst. Balqees Begum is aged 60 years. Muhammad Sadiq is aged 65 years. Both are father and mother of Tahir Saleem, the alleged abductor. Mst. Nazia Bibi/respondent No.3 is a school teacher and sister of Tahir Saleem. The petitioner has involved all the members of the family in this abduction case. It does not appear to be natural that father, mother and sister of Tahir Saleem would have joined hands while abducting Mst. Naushaba Nargus. The parents are not expected to join such a nefarious act of their son. The allegation in the F.I.R. on the face of it appears to be false. The bail granting order does not suffer from any error of aw and the principles for grant of bail and cancellation of bail are different. Unless the order granting bail is perverse, the same cannot be set aside by his Court. The impugned order does not suffer from perversity calling for interference by this Court. Consequently, this petition is dismissed in limine. N. H. Q. /M‑467/L Petition dismissed.