WALI KHAN Versus State

ORDER

ALI BAIG, J .---Through this petition filed under section 497 Cr.P.C., the petitioner/accused namely Wali Khan son of Rehman Khan resident of Sherqillah, Tehsil Punial, seeks post arrest bail in case FIR No.26/2014 dated 27.10.2014, registered under sections 365-B, 494, 495, 193, 202 and 114, P.P.C. at Police Station Singal, District Ghizer.

2. Briefly allegation against the present petitioner/accused is that on 20.10.2014, one Basharatullah son of Lal Hazarah resident of Samigal Darel District Diamer had abducted one Mst. Jabeen wife of Furdil Aman Shah son of Bulbul Aman Shah from Sherqillah and contracted/solemnized nikah with the above named lady and the present petitioner had allegedly abetted/facilitated the principal accused Basharatullah while abducting Mst. Jabeen, sister of complainant namely Akram Ali.

3. The learned counsel appearing on behalf of the petitioner has contended that the petitioner/accused is innocent and the complainant has falsely implicated the petitioner in this case with mala fide intention. The learned counsel for the petitioner has further contended that bail of principal accused namely Basharatullah has already been granted by the learned Vacations Sessions Judge Gilgit vide bail order dated 09-01-2020, hence rule of consistency applies to the case of petitioner. The learned counsel for the petitioner has further argued that one Furdil Aman Shah, ex-husband of Mst. Jabeen, has got recorded his statement before the learned Vacations Sessions Judge Gilgit, wherein, he has stated that he has divorced Mst. Jabeen in the year 2014 and after about 4-5 months of divorce, Mst. Jabeen has contracted second marriage with the principal accused namely Basharatullah; hence, case of the petitioner requires further inquiry.

4. On the other hand, the learned Deputy Advocate General has vehemently opposed this petition by contending that the petitioner/accused has abetted/ facilitated the principal accused Basharatullah while abducting Mst. Jabeen, therefore, the petitioner is not entitled for concession of post arrest bail.

5. I have heard learned counsel for the parties and perused the record with their able assistance.

6. From perusal of contents of FIR, it appears that the petitioner/accused is neither directly nominated in the FIR nor any specific role has been attributed to the petitioner in the occurrence. The ex-husband of alleged abductee, namely Furdil Aman Shah, has filed an affidavit in the court of learned Vacations Sessions Judge Gilgit, wherein, he has stated that he has already divorced Mst. Jabeen in the year 2014 and after about 4-5 months of divorce, Mst. Jabeen has contracted second marriage with one Basharatullah resident of Samigal Darel. Hence, case of the petitioner requires further inquiry into his guilt. Moreover, the learned Vacations Sessions Judge Gilgit has already granted post arrest bail to the principal accused Basharatullah vide bail order dated 09.01.2020; thus, rule of consistency applies to the case of present petitioner and he is entitled for concession of post arrest bail.

7. The upshot of the above discussion is that I am inclined to allow this petition. Consequently, the petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs.100,000/- (Rupees One Lac) with two sureties each in the like amount to the satisfaction of the learned Vacations/Duty Judicial Magistrate at Gahkuch, District Ghizer. File.

ADN/5/GB Bail allowed.