SHAMAS DIN vs The STATE and another

ORDER

' ABDUL SAMI KHAN, J.---Through this petition under section 497, Cr.P.C. Shamas Din petitioner has sought bail after arrest in case F.I.R. No, 194/13, dated 17-5-2013 registered at Police Station Sadar Pattoki, District Kasur in respect of an offence under section 365-B, P.P.C.

2. The learned counsel for the petitioner contends that the petitioner has been roped in this case by the complainant with mala fide intention and ulterior motives after joining hands with the local police by widening the net. There is a delay of six days in registration of F.I.R. Which has not been explained by the complainant which clearly shows that F.I.R. Has been got recorded with due deliberations and consultations. The petitioner is not named in the F.I.R. And his name has been introduced by the complainant through a supplementary statement on 26-5-2013 that too without any source. Such supplementary statement has got no vlue in the eyes of law. Mst. Khalida Bibi the alleged abductee has entered into Nikah with co-accused of the petitioner namely Ahmad Ali alias Kala according to her own free will and volition and the petitioner has committed no offence. The alleged abductee namely Mst. Khalida Bibi has also instituted a private compliant under sections 506/ 452/354/148/149, P.P.C. Before the learned Magistrate, Arifwala wherein she has categorically stated that she has contracted marriage with co-accused of the petitioner namely Ahmad Ali alias Kala. The alleged abductee was handed to her parents through Punchayat. Thereafter she changed her stance and got recorded her statements under section 164, Cr.P.C. And 161, Cr.P.C.

Involving the accused in this case. The victim has kept on changing her stances at different forum which fact creates doubt in the prosecution story mentioned in the F.I.R. The petitioner is behind the bars since 29-5-2013, investigation qua the present petitioner is complete, the petitioner is previous non-convict, never involved in such like cases and the person of the petitioner is no more required for the purpose of further investigation, therefore, his further incarceration in jail would not serve any beneficial purpose.

3. On the other hand the learned Deputy Prosecutor-General assisted by the learned counsel for the complainant after going through the record submits that there is absolutely no mala fide on the part of the complainant to falsely involve the petitioner in this case. The petitioner is named in the supplementary statement and specific role of abducting daughter of the complainant along with his co-accused is attributed to him therein. The victim namely Mst. Khalid Bibi has got recorded her statements under sections 164, Cr.P.C. And 161, Cr.P.C. Wherein he has levelled specific allegation against the petitioner. Suit for jactitation of marriage filed by the abductee is also pending before the learned Family Court, Pattoki, District Kasur. The petitioner is involved in a heinous offence which carries punishment of life imprisonment and falls within the prohibitory clause of section 497, Cr.P.C. There is ample evidence in shape of statements under section 161, Cr.P.C. Got recorded by the prosecution witnesses, including the alleged abductee Mst. Khalida Bibi, during the investigation of this case. The petitioner has been found involved by the investigating officer. Challan in this case 'has been submitted in the learned trial court. The petitioner has recently been arrested in this case and if he is released on bail the case of the prosecution would be prejudice.

4. I have heard the learned counsel for the parties and have gone through the record of this case with their able assistance. It has been noticed by this Court that the there is a delay of six days in registration of F.I.R. Which has not been explained by the complainant. The petitioner is not named in the F.I.R. And he has been introduced in this case through a supplementary statement got recorded by the complainant on 26-9-2013 and that too without any source. Such supplementary statement has got no value in the eyes of law. Mst. Khalida Bibi, the alleged abductee has instituted a private complaint before the learned Magistrate, Pattoki, District Kasur wherein she has got recorded her statement and admitted factum of her nikah with co-accused of the petitioner namely Ahmad Ali alias Kala. There are three statements of the alleged abductee on the record which are contradictory to each other which shows that the alleged abductee has taken divergent stands at different forum and same prima facie create serious doubt in the prosecution story mentioned in the F.I.R. The benefit of such doubt goes in favour of the petitioner. I may express here that it has become a routine that when the girl/abductee join her parents she takes summersault from her earlier stance. This case is also an example of such routine. Mere heinousness of offence is no ground to refuse bail to an accused person who otherwise becomes entitled for the same relief.

5. It would not be out of place to mention here that even in the F.I.R. The complainant has admitted that Ahmad Ali alias Kala has established liaison with his daughter which fact prima facie itself refute the story of abduction of Mst. Khalid Bibi by the petitioner. The investigation of this case qua the petitioner is complete, he is behind the bars since 29-5-2012, his person is not required for the purpose of further investigation, therefore, his continuous incarceration in jail would not serve any beneficial purpose at this stage.

6. For what has been discussed above the case against the petitioner calls for further inquiry into his guilt within the purview of sub-section (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail subject to his furnishing bail bond 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.