MUHAMMAD NAWAZ Versus STATE

ORDER

The petitioner seeks bail in a case registered against him and another with Police Station `D' Type Colony, Faisalabad. The allegations levelled by the first informant are that her father has two wives. The first informant used to live separately with the mother and sisters from her father. One Muhammad Aslam who was their neighbour enticed her away with the promise to get her married and thereafter handed her over to Muhammad Nawaz petitioner. Then both the accused took her to Jhang where they rented a house and forced her to prostitution. The petitioner had married the first informant but he never had sexual intercourse with her. On 18‑12‑1988 the first informant became sick of her life and she informed one Mehboob Ali who produced her before the police.

It is contended by learned counsel for the petitioner that apart from the statement of the first informant, there is no evidence whatsoever against the petitioner. Submits that the allegations as levelled against the petitioner even if accepted, would not make out any case because no allegation of Zina has been levelled nor it was the petitioner who enticed away the first informant. The contentions have been opposed by learned counsel for the State.

2. I have heard learned counsel. The investigating officer was present with record. On inquiry, it transpired that he never bothered to record the statement of the mother of the first informant or any of her relations. The I.O. also did not bother even to verify whether the Nikahnama of the petitioner with the first informant was genuine or not. The investigating officer frankly conceded that apart from the statement of the first informant, there was no other evidence against the petitioner. The I.O. did not even bother to locate any witness who might have seen the first informant going in the accompany of the petitioner. He did not care to record the statement of the owner of the house from whom the same was taken on rent and brothal house was opened. In these circumstances, I hold the case of the petitioner is of further inquiry. Therefore, he is allowed bail in the sum of Rs. 30,000 with two sureties, each in the like amount, to the satisfaction of Assistant Commissioner/Deputy Magistrate, concerned.

3. A copy of this order shall be sent to S.S.P., Faisalabad, for his information and necessary action.

S.A./M‑1673/L

Bail granted.