Ilyas Raza vs The State and another
This petition for post-arrest bail arises from FIR No. 464/15, registered under Section 365-B of the Pakistan Penal Code 1860, concerning allegations of abduction for illicit intercourse. The core legal question was whether the petitioner was entitled to bail given the conflicting evidence regarding the alleged abduction and the subsequent marriage of the parties. The Court observed that the alleged abductee had consistently maintained, through a Nikah Nama, a private complaint, and statements recorded before a Magistrate and the Investigating Officer, that she had married the petitioner of her own free will prior to the alleged occurrence. Furthermore, the investigation was complete, the petitioner had no prior criminal record, and no recovery was made from him. The Court held that the case fell within the scope of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898. Consequently, the bail petition was allowed, establishing the principle that where the alleged victim denies abduction and asserts a free-will marriage, the case warrants further inquiry, justifying the grant of bail.
- Does a statement by an alleged abductee asserting a free-will marriage constitute grounds for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Is the existence of a prior Nikah Nama sufficient to challenge the prosecution's case of abduction at the bail stage?
- Can bail be granted when the investigation is complete and the accused is no longer required for further investigation?
- Section 365-B, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
- Section 497(2), Code of Criminal Procedure 1898
- Section 161, Code of Criminal Procedure 1898
Through this petition under section 497 Cr.P.C. the petitioner has sought bail after arrest in case FIR No.464/15 dated 06.06.2015 under sections 365-B PPC, Police Station City B-Division Sheikhupura.
2. The arguments advanced by the learned counsel for the parties have been heard and the record of this case has also been perused with their able assistance. This is bail after arrest and deeper apprec iation is not allowed at this stage.
The allegation against the petitioner is that on 4.6.2015 he abducted the daughter of the complainant Muhammad Safdar for illicit intercourse. It has been noticed by this Court that the alleged abductee Mst. Rafia Mai has contracted Nikah with the petitioner on 27.5.2015 prior to alleged occurrence as mentioned in the FIR and in this regard copy of the Nikah Nama is attached with this petition and the said abductee also filed private complaint before learned Judicial Magistrate, Ahmadpur Sial on 6.6.2015 and also recorded her statement that she has not been abducted by anybody rather she has contracted marriage with petitioner with her free will and consent. The alleged abductee Mst. Rafia Mai has also filed writ petition No.23812/Q/2015 before this court and on 23.09.2015 she personally appeared before this court and recorded her statement u/s 161 Cr.P.C before the I.O in which she has categorically stated that she has contracted marriage with one Ilyas Raza petitioner on 27.5.2015 of her own free will and volition and nobody has abdu cted her. It is common practice in our society that parents of the girl usually got register FIR against the boy and his family members due to the grudge that their daughter had contracted love marriage. Nothing has been recovered from petitioner during investigation. Admittedly the petitioner is previous non-convict and never involved in any other case. He is behind the bars since 10.08.2015.
Investigation of the case is complete and the petitioner is no more required for further investigation. His further incarceration in jail would not serve any useful purpose.
3. For what has been discussed above, the case of the petitioner becomes one of further inquiry covered by sub- section (2) of section 497 Cr.P.C. This petitio n is, therefore, allowed and the petitioner is granted bail after arrest subject to his furnishing bail bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned Trial Court.
4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only.