ASHIQ MUHAMMAD vs STATE and another
This matter concerns a petition for post-arrest bail filed by the accused, Ashiq Muhammad, who was incarcerated following an FIR alleging the abduction of his daughter, Maqsoodan Bibi, and her subsequent forced marriage and sexual assault by an accomplice. The core legal question was whether, given the contradictions between the FIR and previous litigation between the petitioner and the complainant (his ex-wife), and the fact that the alleged abductee had previously sought protection from the complainant, the petitioner was entitled to bail. The Court held that the petitioner's case fell within the scope of 'further enquiry' under the law of bail. The Court observed significant discrepancies in the complainant's narrative and noted that the alleged abductee had not challenged her marriage to the co-accused. Consequently, the Court granted post-arrest bail to the petitioner. The key principle laid down is that where the prosecution's case is riddled with contradictions and the accused's involvement is doubtful based on the investigation and prior litigation history, the accused is entitled to the benefit of further enquiry and should be admitted to bail.
- Whether the existence of significant contradictions between an FIR and previous legal proceedings involving the same parties warrants a grant of bail?
- Does the lack of a challenge to a marriage by the alleged victim undermine allegations of abduction and forced marriage in a bail application?
- When does a criminal case qualify for 'further enquiry' sufficient to justify the release of an accused on bail?
ORDER
Present petitioner is in the judicial lock-up vide FIR registered at Police Station Saddar Lodhran, District Lodhran, dated 15.4.2009, by one Mst. Atta Elahi, divorcee wife of the present petitioner, wherein she narrated that the petitioner along with 8 other persons allegedly abducted her daughter named Maqsoodan Bibi alia Parveen Bibi on 10.2.009 i,e, two months before lodging of the FIR and handed over the same to his accomplices, who fled away to some unknown destination, whereas her daughter was made to put her thumb impression on some papers and the accused Ghulam Mustafa allegedly committed Zina-bilJabr with the minor daughter under the cloak of nikah ceremony. Allegedly she made an application to the Justice of Peace for the recovery of the daughter, who appeared in the Court and the custody was handed over to her.
2. Learned counsel for the petitioner in the light of so far investigation conducted, appraises that the petitioner has been declared innocent as the family dispute between the present petitioner and her ex-wife, who was divorced in the year 1997 was the actual crux of constant litigation and criminal cases made by the present complainant against the petitioner. He refers the application made to the Justice of Peace referred in the FIR for the alleged recovery of the same daughter, wherein the present petitioner was the only private respondent, whereas the SHO was Respondent No, 1 and in the said petition, the petitioner was said to have called the daughter outside the house and went away on a Rickshaw. The contents of that application are at contrast to the allegations made in the FIR pertaining to the alleged abduction of the girl by a band of persons headed by the petitioner. It is pertinent to note that the alleged abductee Parveen Bibi herself had moved the learned Justice of Peace for restrainment of certain persons/respondents from causing the undue harassm ent to her and the main respondent, against whom the relief was sought, was the present complainant Mst. Atta Elahi and at the time when she made the application, she was residing with her father, the present petitioner.
3. Irrespective of Nikahnama with Ghulam Mustafa, which is admitted by the petitioner as he himself got conducted the marriage of his own daughter with Ghulam Mustafa, it is pertinent to note that such marriage has never been denied by the daughter herself nor challenged any-where before any Court of law. The petitioner has a case of further enquiry. Hence he is admitted to bail subject to his furnishing bail bonds in the sum of Rs, 50,000- with one surety in the like amount to the satisfaction of the learned trial Court.