2002 P Cr (PLP)

Tariq Javed, A.A.-G. for the State. Raja Shafaqat Khan Abbasi for the Complainant. Date of hearing: 20th August, 2001. The accused-petitioner is involved in case F.I.R. No.86, dated 23-11-2000 registered under sections 334/337, P.P.C. at Police Station Lora Tehsil and District Abbottabad. The accused-petitioner moved the Court of learned Sessions Judge, Abbottabad for ad interim pre-arrest bail which was rejected vide order, dated 6-1-2001. Thereafter, he moved the Court of learned Judicial Magistrate which application was rejected vide order, dated 16-1-2001. His application moved in the Court of learned Additional Sessions Judge, Abbottabad met the same fate when the same was rejected vide order, dated 7-4-2001. Now he has come to this Court through the present application.

2. As per contents of the report the marriage of complainant, about 4 months prior to the occurrence took place with the accused at Karachi where complainant was residing with him. About 10/12 days prior to the occurrence, complainant alongwith accused came to Village Chanali and during this period accused used to quarrel and beat the complainant. On the night of occurrence accused came to cot of complainant, tied her with the cot and also tied the mouth of complainant with a cloth and cut the nose of complainant with a blade and thereafter cut her hairs of the head, then dressed the wound and remained with her throughout the night and disappeared at morning time. Mst. Gulnar Bibi wife of Rahim Dad came to the spot, saw the complainant in injured condition, untied her hands and feet and informed the mother of the complainant and the present case was registered accordingly.

3. I have heard Mr. Abdul Karim Malik, learned counsel representing the petitioner, Raja Aleem Abbasi the learned counsel representing the complainant and Mr. Tariq Javed, Deputy Advocate General, N.W.F.P. and perused the record.

4. The accused-petitioner has been charged in the F.I.R. for cutting nose and hair of the head of the complainant with the blade. As per report of the doctor, 3/4th nose of the complainant has been cut. Not only in this part of the country but in all over Pakistan nose is a symbol of honour and reputation. The act of the accused petitioner was not only gruesome but grave in nature also and was worse than the assassination of the victim who has to live her life with her nose chopped off. Her plight can be well-imagined. She was made to suffer for all times to come and the intention behind the occurrence was to make the victim a symbol of terrorism of, the accused petitioner. The case of the prosecution has not only been supported by eye-witness Mst. Gulnar Bibi who untied the complainant from the cot and informed the mother of the victim of the occurrence but was also supported by medico-legal report. I am, therefore, not inclined to release the accused-petitioner on bail. Resultantly, the bail petition is dismissed. The prosecution is, however, directed to submit the challan within a fortnight before the competent Court and the learned trial Court is directed to conclude the trial within four months failing which, the petitioner shall be entitled to move bail application afresh. N.H.Q./315/P Bail refused.