ILYAS RAZA vs The STATE and another
This matter comes before the Lahore High Court through a petition filed under Section 497 of the Code of Criminal Procedure 1898, seeking post-arrest bail in a criminal case registered under Section 365-B of the Pakistan Penal Code 1860. The core legal question is whether the petitioner is entitled to post-arrest bail when the alleged abductee has contracted a marriage with the petitioner of her free will prior to the alleged occurrence and has repeatedly stated on record that no abduction took place. The court held that the petitioner's case falls within the scope of further inquiry covered under subsection (2) of Section 497 of the Code of Criminal Procedure 1898, noting the existence of a prior Nikah Nama, statements by the alleged victim denying abduction, lack of recoveries, and the petitioner's status as a previous non-convict. The court laid down the principle that where an alleged abductee consistently maintains that she contracted a marriage of her own free will and was not abducted, and no incriminating recovery is made from the accused, the case warrants the grant of post-arrest bail pending trial.
- Whether post-arrest bail can be granted under Section 497(2) of the Code of Criminal Procedure 1898 when the alleged abductee contracts a marriage of her own free will?
- Does the statement of an alleged abductee denying abduction and confirming a voluntary marriage constitute grounds for further inquiry?
- Is an accused entitled to bail if no recovery is made during the investigation and he is a previous non-convict?
- Section 497, Code of Criminal Procedure 1898
- Section 365-B, Pakistan Penal Code 1860
- Section 161, Code of Criminal Procedure 1898
ORDER
ABDUL SAMI KHAN, J.--- 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, P.P.C., 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 appreciation 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, Ahmad pur 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 under section 161, Cr.P.C. before the 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 abducted 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 subsection (2) of section 497, Cr.P.C. This petition 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.