Mst. ANSA KANWAL and 4 others vs The STATE

ORDER

' SALAHUDDIN PANHWAR, J.---Through instant bail application, the applicants seek post-arrest bail in Crime No, 97 of 2013 registered at Police Station A-Section District Shaheed Benazirabad for offence under section 371-A and 371-B, P . P. C .

2. Relevant facts for disposal of this application are that on 7-6-2013 at 2315 hours complainant SIP Muhammad Iqbal Wassan lodged F.I.R. With Police Station A-Section District Shaheed Benazirabad; stating therein that he along with his subordinate staff was on patrolling. While patrolling they reached PMCH Chowk, where, received a tip-off that Ansa Kanwal wife of Ghulam Mustufa Rajput resident of Sarfraz Shah Colony Nawabshah, having taken a premises on rent, is running a brothel, offers women against money for prostitution and also selling charas; and along with other women, is going from her house to elsewhere, in a Prado vehicle. Pursuance to that, they reached at pointed place and captured one gray colour Prado vehicle, and found that two persons were sitting on the front seat while five women were sitting on rear seats, after their arrest, they interrogated them, during interrogation, following detail surfaced: Person, sitting on driving seat, disclosed his name as Altaf son of Muhammad Bachal Kalhoro originally resident of village' Mouro at present Sanghar road Nawabshah; another person, sitting on the front seat, disclosed his name as Javed son of Muhammad Hussain Arain residence of Qayoumabad Karachi. The first woman disclosed her name as Ansa wife of Ghulam Mustufa Rajput residence of Sarfraz Shah Colony Nawabshah and red colour purse was taken in possession through lady constable. On opening, it was containing pieces of charas and two mobile sets of Nokia; the other women disclosed that they are resident of different areas. Ansa Kanwal was enquired about charas and women, who disclosed that she used to smoke and sell charas and women are used for prostitution purpose. All the above men and women were arrested by police for offence under section 371-A and 371-B, P.P.C., while accused Ansa Kanwal was also arrested in separate crime for keeping charas in her possession.

3. Learned counsel for the applicants, inter alia, contends that the applicants are innocent and have been falsely implicated in this case at the instance of ex-husband of applicant/accused who is an influential person and belongs to ruling party; F.I.R. Is delayed by 2 hours without any explanation; sections 371-A and 371-B, P.P.C. Are not applicable as neither the seller is specifically named in the F.I.R. Nor purchaser and even all apprehended persons have been shown to be responsible for above offence. He further submitted that applicant No,2 is daughter of applicant No,1 while applicant No,3 is daughter-in-law of applicant No,1 and applicant No,4 is niece of applicant No,1 while applicant No,5 is maid of applicant No,1 hence no offence appears to have been committed by the applicants; there are no reasonable grounds to believe that applicants are linked with alleged offence hence their case is covered by section 497(2), Cr.P.C.; challan of the case has been submitted. He concluded that bail plea of the applicants/accused may be accepted.

4. Conversely, learned D.P.G., opposed the bail plea of the applicants/ accused while arguing that names of applicants are mentioned in the F.I.R. And they are charged with the offence which falls within prohibitory clause.

5. Heard learned counsel for the parties and perused the record.

6. As per the record, the applicants were going in a Prado vehicle, when police arrested them under a suspicion of being involved in the business of selling and buying women for prostitution purpose.

It is suffice to say that mere presence of women in a vehicle or place with men, cannot be termed to be an offence unless those are found to be in such a situation or position, which turns such legal and lawful thing into an illegality or an offence. The perusal of the record reflects that the applicants have been arrested on allegation of being involved in selling and buying persons for purpose of prostitution but in support of such allegations the prosecution has no evidence except that of alleged words of the applicant/accused Ansa, implicating herself, which too, are to the effect that she used to offer women for prostitution purpose. Such words of the applicant/accused Ansa, being an alleged confession before police, is not admissible under the law. The prosecution has not collected any iota of evidence during course of the investigation to substantiate the allegation against the applicants/accused. The Investigating Officer has, even, not recorded statement of any of the person of locality, where alleged brothel was being run by applicant/accused Ansa. Moreover, the applicants have taken a plea that all five applicants are one family, hence applicants do not prima facie appear to be linked with the offence rather the allegation against them requires evaluation of evidence. Besides this, the applicants are women and have been committed to judicial custody being no more required for purpose of investigation; therefore, keeping the applicants behind the bars for an indefinite perpiod would not advance the cause of justice, particularly, when applicants accused have succeeded in making out a case of further probe.

5(sic) In view of above discussion, applicants have succeeded to bring their case within the purview of subsection (2) of section 497, Cr.P.C. Accordingly the applicants/accused were directed to be released on bail subject to their furnishing solvent surety in the sum of Rs,50,000 (Fifty thousand rupees) each and P.R. Bond in the like amount to the satisfaction of trial Court, vide short order dated 12-7-2013, and these are the reasons for the same. However, the observations made hereinabove are tentative in nature and will not prejudice case of either party at trial.