ASJAD JAVAID GHURAI, J. vs STATE and another
This petition for post-arrest bail arises from FIR No. 283/2016 involving allegations of abduction and Zina-bil-Jabr under Sections 496-A and 376-I of the Pakistan Penal Code 1860. The core legal question was whether the petitioner was entitled to bail given the complainant's subsequent retraction of the allegations. The complainant appeared before the Court, affirming that she was the petitioner's legally wedded wife and that the criminal case was fabricated by her brothers due to a financial dispute. She explicitly stated she had not been abducted or subjected to Zina by the petitioner and consented to his release. The Court held that in light of the complainant's affidavit and statement, the petitioner's case fell within the ambit of further inquiry. Consequently, the Court allowed the petition and admitted the petitioner to post-arrest bail, establishing the principle that a complainant's unequivocal retraction and assertion of a lawful marital relationship can constitute sufficient grounds to warrant further inquiry and the grant of bail in serious criminal matters.
- Does a complainant's affidavit denying the allegations and asserting a lawful marriage with the accused constitute grounds for further inquiry in a bail application?
- Can an accused be admitted to post-arrest bail when the victim denies the occurrence of the alleged offenses of abduction and Zina-bil-Jabr?
- Section 496-A, Pakistan Penal Code 1860
- Section 376-I, Pakistan Penal Code 1860
ORDER
1. Through this petition, Zafar Hussain, petitioner has sought his post-arrest bail in case FIR No. 283/2016 dated 19.07.2016, in respect of offence under Sections 496-A, 376-I, PPC registered at Police Station, Khangarh, District Muzaffargarh.
2. 2.Allegedly the complainant/victim Mst. Mansab Mai was abducted by Shabbir and two unknown persons, who detained her and committed Zina-bil-Jabr for about more than one month and thereafter, she was sold out to the petitioner, who detained her and had been committing Zina-bil- Jabr with her. Hence this case was registered.
3. 3.Heard. Record perused.
4. 4.At the very outset the complainant/victim appeared before the Court and stated that she had earlier filed a Writ Petition No. 18466-Q-2016 and stated there in that she is legally wedded wife of the petitioner and the case was registered without her consent. She prayed to associate her to get her statement recorded during investigation to which vide order dated 26.12.2016 a direction was issued to SHO concerned to record the version of the complainant. The complainant present before the Court has tendered an affidavit "Mark-A" with the assertion that she is legally wedded wife of the petitioner and no one has abducted her. She alleges that an amount of Rs.3,00,000/- was demanded by her brothers from the petitioner, on his denial they got kidnaped her and got registered a criminal case by posing her a complainant. On 13.01.2017, she admitted in Darul Aman, however, she clarifies that she had neither been abducted by the petitioner nor committed Zina with her. She has no objection in case the petitioner is admitted to post-arrest bail. In view of the statement" and affidavit sworn by the complainant/victim the case of the petitioner comes within the ambit of further inquiry.
5. 5.In the light of affidavit tendered by the complainant/victim this petition is allowed and the petitioner is admitted to post-arrest bail subject to his furnishing bail bond in the sum of Rs.
6. 1,00,000/-(rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the trial Court.