BASHIR AHMAD Versus State Syed Nisar Ali Shah , Munawar Hussain

ORDER

M. BILAL KHAN, J.--- Bashir Ahmad son of Faqir Muhammad and Abrar Bashir son of Bashir Ahmad, the petitioners, by filing this petition, seek post-arrest bail in case F.I.R. No.525 of 2007 dated 10-8-2007, registered with Police Station Saddar Samundari, District Faisalabad, for offences under sections 354-A, 337-L(2)/ 34, P.P.C.

2. The allegations against the petitioners, in the FIR. registered at the instance of Mst. Niamat Bibi, wife of Talib, the complainant, was that when Mst. Safia Bibi, a virgin daughter of the complainant was going back home shepherding her goats and had reached near the house of the petitioners, the latter while armed with Sotas caught hold of her and tried to forcibly take her away; when her mother had tried to rescue her, the accused inflicted Sota blows to both of them Causing them injuries and as a result of beatings their wearing apparel were torn off.

3. The petitioner's pre-arrest bail had been turned down by the learned Additional Sessions Judge, Samundri on 23-8-2007, whereafter his plea for post-arrest bail also did not find favour with the said learned Judge who dismissed this application vide order dated 15-9-2007. Hence this petition.

4. I have heard the learned counsel for the parties and have perused the record.

5. According to the statement of Munawwar Hussain S.-I. which has been recorded separately, the Board constituted under Article 18(6) of the police Order, 2002 had declined to transfer the investigation of case F.I.R. No.525 of 2007 and that during the course of investigation he found that although a clash/scuffle did take place between the parties, in which stick blows were caused, yet no clothes were torn off, as alleged in the F.I.R, therefore, section 354-A, P.P.C. was not attracted. The said section had been inooked by the police after a learned Addl. Sessions Judge, while disposing of the pre-arrest bail application of the petitioners, had remarked that prima facie, said section appears to have been applicable. Needless to add that initially the case had been registered under sections 337-L(2) and 354/34, P.P.C. It is also not denied that Talib Hussain, husband of the complainant Mst. Niamat Bibi had divorced the latter on 3-7-2007 and the said person is presently living with the petitioners. In this situation the contention of the learned counsel for the petitioners that the petitioners have been falsely implicated, as they were providing refuge to Talib Hussain, cannot be lightly brushed aside. This assertion coupled with the opinion of the Investigating Officer that section 354-A, P.P.C. was not attracted, render the case of the petitioners one of further inquiry within the meanings of subsection (2) of section 497, Cr.P.C.

6. Resultantly this petition is allowed and the petitioners are admitted to post-arrest bail provided they furnish bail bonds in the sum of Rs.50,000 each with one surety each in the like amount to the satisfaction of the learned trial Court.

N.H.Q./B-36/L ??????????????????????????????????????????????????????????????????????????????????????????????? Bail allowed.