2001 P Cr (PLP)

Amanullah Shaikh for Applicant. Ghulam Sarwar Korai for the State. The applicant is facing trial in Zina case in the Court of IInd Additional Sessions Judge, Sukkur. The facts in brief as disclosed-1y complainant Muhammad Yousuf in the F.I.R. which was registered after 46 days at Police Station Panoakil, being Crime No. 119 of 1997, are that on the night of incident he and his family members were sleeping in their house, when at about 1-00 a.m. accused Taj Muhammad armed with gun, his brothers, Noor Muhammad, Din Muhammad armed with Lathis, accused Yousuf and two unidentified persons intruded into their house. They abducted Mst. Hidayat Khatoon forcibly. The complainant narrated these facts to his relatives Rasool Bux and Meenhal. He made request to the accused to return his daughter which was ultimately turned down and thereafter the complainant lodged this report. It is contended by the learned counsel that the F.I.R. is delayed by about 46 days and the explanation is not plausible. The abductee had voluntarily left the house of her parents and married with accused Taj Muhammad on 15-11-1997. Such photostat copy of Nikahnama has been produced on record. It is argued that abductee Mst. Hidyat Khatoon was recovered on 20-3-2000 and her 164, Cr.P.C. statement was recorded on 21-3-2000, wherein she has stated that she has given birth to legitimate child from accused Tajoo. The present applicant was arrested on 20-3-2000. It is stated that the applicant has remained in custody for about more than 6 months and he had absolutely no knowledge of his nomination in this case. The case of the accused requires further enquiry as no allegation of rape is levelled against him. It is stated that factum of abduction is yet to be established as she remained with accused Tajoo for about 28 months and did not complain to anybody. Mr. Ghulam Sarwar Korai learned counsel appearing for the State, in view of the aforesaid circumstances, has raised no objection to the grant of bail. The registration of F.I.R. in this case is inordinately delayed for which the explanation furnished is not satisfactory. Nikahnama, dated 15-11-1997 has been produced on record. The abductee remained with accused Tajoo for quite a long time and has given birth to a child. The present applicant was arrested on 20-3-2000 and has remained in jail for more than about 6 months. There is no allegation against him for committing rape. So far the abduction is concerned, the same is yet to be established at the time of trial. The record indicates that abductee went with accused Tajoo on her own accord. Be that as it may, the case of present accused is distinguishable from accused Tajoo. Under such circumstances, there appear no reasonable grounds at this stage to hold that the applicant is guilty of the offence covered by prohibitory clause of section 497(1), Cr.P.C. He is granted bail subject to his furnishing surety in the sum of Rs. one lac and P.R. Bond in the like amount to the satisfaction of the trial Court. N.H.Q./M-110/K??????????????????????????????????????????????????????????????????????????????? Bail allowed