2016 PLP 184 (YLRN)

S. 497(2)

Penal Code (XLV of 1860), Ss.365-B, 376 & 34

Kidnapping, abducting or inducing woman to compel for marriage, rape, common intention

Bail, grant of

Further inquiry

Complainant lady had performed three Nikahs, including one with the accused

Earlier, father of the complainant, had lodged FIR under Ss.365 & 34, P.P.C., wherein complainant lady (alleged abductee) appeared and recorded her statement to the effect that she was legally wedded wife of petitioner/accused

Said case was registered against three accused persons, including the accused, in the present case

Under the misconception that complainant lady had no objection to the acquittal of co-accused they were acquitted

Trial Court, in the present case, was yet to determine, after recording of evidence, as to which of the Nikah of the complainant lady was genuine

Divergent statements of the lady alleged (abductee), made the case of accused to be that of further inquiry, as envisaged under S.497(2), Cr.P.C.

Accused, in said peculiar facts and circumstances, could not be kept in jail for indefinite period as a punishment; as there was no likelihood of conclusion of trial of accused in a near future

Accused was admitted to bail, in circumstances. [Paras. 3 and 4 of the judgment] JUDGMENT ASSADULLAH KHAN CHAMKANI, J.

Muhammad Shabbir seeks his pest arrest bail in case FIR No.123 for offences chargeable under sections 365-B/376/34 of Pakistan Penal Code, 1860 registered on 18.03.2013 in Police Station Balakot, Mansehra.

2. Valuable arguments of the learned counsel for the parties heard and the available record of the case thoroughly perused.

3. Admittedly, in the present case complainant Mst. Hakim Jan has performed three Nikah including the present accused-petitioner. It is evident from the record that earlier father of Mst. Hakim Jan, has lodged FIR No.280 dated 16.07.2012 under sections 365/34, P.P.C., Police Station Balakot regarding abduction of Mst. Hakim Jan. In the said case Mst. Hakim Jan appeared as PW-1 and recorded her statement to the effect that: "Stated that I am legally wedded wife of one Shabbir son of Khan Wali who along with co-accused are charged in the present case on account of the report of my abduction. Copy of Nikah Nama is already in Court file which is correct and genuine. The case was registered against the accused namely Fiaz, Riaz, Tanvir and Shabbir due to misconception. So, I do not charge the accused facing trial and I have no objection on their acquittal by this Court." Consequently, on the said statement of alleged abductee Mst. Hakim Jan, the present complainant, accused including the present petitioner were acquitted under section 265-K, Cr.P.C. vide order dated 14.03.2013. Copies of the said statement and order of acquittal produced by the learned counsel for the petitioner during the arguments are placed on file. In such eventuality, it is yet to be determined during trial after recording evidence as to which of the Nikah of the complainant Mst. Hakim Jan was genuine and the divergent statements of the alleged abductee made the case of the petitioner to be that of further inquiry as envisaged under section 497(2), Cr.P.C. Thus, in these peculiar facts and circumastances, the petitioner cannot be kept in jail for indefinite period as a punishment, as there is no likelihood of conclusion of trial of the petitioner in near future.

4. Accordingly, for the reasons stated hereinabove petitioner Muhammad Shabbir is admitted to bail provided he furnishes bail bonds in the sum of Rs.100,000/- (One Hundred Thousands) with two sureties each in the like amount to the satisfaction of the Illaqa/Duty Magistrate, Balakot, Mansehra. HBT/500/P Bail granted.