MUSHTAQ vs THE STATE and another
This criminal miscellaneous petition was filed by the petitioner, Mushtaq, seeking post-arrest bail in a case registered under Section 365-B of the Pakistan Penal Code 1860, involving allegations of abduction and rape of Mst. Sumaira Bibi. The core legal question before the Court was whether, given the conflicting claims regarding the existence of a valid marriage between the accused and the alleged victim, the petitioner was entitled to the concession of bail. The Court observed that the police investigation concluded that abduction was not established, as witnesses to the Nikah had provided affidavits and statements confirming the marriage. Furthermore, the alleged victim had not initiated any proceedings before a Family Court to challenge the validity of the marriage (jactitation of marriage). Consequently, the Court held that the case required further inquiry by the trial court. The Court allowed the petition, admitting the petitioner to bail subject to the furnishing of bail bonds, establishing the principle that where the factum of marriage is supported by evidence and remains unchallenged in competent family courts, it constitutes a ground for further inquiry in bail matters.
- Does the existence of a disputed Nikah between the accused and the victim constitute a ground for further inquiry in a bail application for abduction?
- Is a petitioner entitled to bail when the police investigation fails to establish the charge of abduction due to evidence of a marriage?
- Does the failure of an alleged victim to approach a Family Court for jactitation of marriage impact the determination of bail in an abduction case?
- Section 365-B, Pakistan Penal Code 1860
ORDER
' SYED MUHAMMAD KAZIM RAZA SHAMSI, J.---Mushtaq, petitioner through the instant criminal miscellaneous petition seeks his release on bail in case arising out of F.I.R. No,12, dated 10-1-2012, registered under section 365-B, P.P.C. With Police Station Makhdoom Rasheed District Multan, for abducting Mst. Sumaira Bibi and raping her
2. Parties heard. Record perused.
3. As per plea raised by the learned counsel for the petitioner Mst. Sumaira Bibi had contracted marriage with the petitioner which was performed in the presence of the witnesses by a Nikah Khawan. During investigation, the police reached at a conclusion that the abduction of the victim Mst. Sumaira Bibi is not established from the record as the witnesses of Nikah have filed their affidavits and made statements about existence of Nikah between the spouses. The victim of the case till-date has not approached any Family Court seeking jactitation of marriage. The matter of existence of Nikah between the petitioner and the victim, is yet to be probed by the learned trial court. In the circumstances, it is a fit case for grant of bail to the petitioner.
4. In view of the above, this petition is allowed and the petitioner Mushtaq is admitted to bail subject to his furnishing bail-bonds in the sum of Rs,100,000 (Rupees One hundred thousand only) with one surety in the like amount to the satisfaction of the learned trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.