1. ' MRS. QAISER IQBAL, J.--- By this common order, I proposed to dispose off Criminal Bail Application No, 1108 of 2005 and Criminal Bail Application No, 1141 of 2005 moved by applicants, Kashif Hyder Chohan son of Javed Akhtar, Javed Akhtar Chohan son of Haji Baghdad Ali Chohan, Nazar Muhammad alias Nazroo son of Muhammad Zaheer, Asim Hyder alias Nini Chohan son of Javaid Akhtar, Mst. Humaira daughter of Jameel. The applicant has resorted to file pre-arrest bail application under section 498, Cr.P.C. In Crime No, 138 of 2005, registered under sections 11/16, Zina Enforcement of Hudood Ordinance, 1979 at Police Station Market and District Hyderabad. They were admitted on interim pre-arrest bail, the bail applications have come upon for hearing.
2. ' The facts for the disposal of the applications are that complainant Mumtaz lodged repori on 9-11- 2005 that her sister-in-law Rukhsana, the wife of his elder brother came to his house disclosed that she along with abductee Sahrash aged about 15 years were returning from her parents house situated at Tando Wali Muhammad, reached near Aneela Heights Plaza, Awan-e-Qureshi Road at about 1815 hours, suddenly one car Honda City dark grey driven by applicant Nazeer occupied by Kashif Javaid and one lady stopped near them. The applicant Kashif Javed along with one lady, got down from the car, forcibly abducted Sahrash and ran away in the said car. The complainant had disclosed the incident to the maternal-uncle of abductee, namely, Iqbal Ahmed, they all went to the house of Javed, called upon him to return the abductee but were kept on false hopes. The report was lodged for abduction of Sahrash by the complainant, for the purpose of committing Zina.
3. ' Mr. Nizamuddin, learned counsel appearing for the applicant has contended that there is sufficient evidence on record to suggest that the allegations levelled by the prosecution are malicious as the abductee Sahrash has conducted Nikah with applicant Kashif Hyder in consonance with Muslim Hanfi rites. The complainant has lodged F.I.R. On the basis of conjectures and surmises as the abductee has personally appeared before this Court, testified the contents of the affidavit filed by her, to the fact that she was not minor, entered into contract of marriage out of her free-will without coercion and pressure. On the point of first recourse available to the applicants to appear before District and Sessions Judge, Hyderabad for relief, the learned counsel appearing for the applicants has contended that the police was bent upon to arrest the applicants on one or the other pretext, since no role is attributed to the applicants except Kashif Hyder Chohan their arrest is clothed with mala fides. It is urged that the name of the applicant, Mst. Humaira, is not mentioned in the F.I.R., the description of one lady does not connect her implication in the commission of the crime. In support of the above contention that in the given facts and circumstances, High Court could directly entertain pre-arrest bail, the reliance is placed on the case of Riaz Ahmad Goharshahi v. The State PLD 2000 Kar.
6. The dictum laid down is, that superior Courts can entertain pre-arrest bail and grant relief to the accused in appropriate cases where accused could, inter alia, establish that he was prevented from approaching the lower Court concerned.
4. ' Mr. Agha Zafir, the learned State Counsel did not oppose the application contended that the applicants should be directed to associate with the investigating agency. It is further contended that applicants, Nazar Muhammad and Asim Hyder had joined the investigation, while applicants Kashif and Javed Akhtar did not associate with the Investigating agency thereby misused the relief of the interim pre-arrest bail with an attempt to frustrate the investigation conducted in the matter.
5. ' I have carefully considered the arguments as advanced and perused the record.
6. ' It is manifestly clear from the rule laid down in the case of Malik Mukhtar Ahmad Awan v. The State 1991 SCM R 322 that when reasonable ground appear that the accused has not committed the offence of which they were being accused, bail should not be refused or withheld merely on technical grounds. As regards the facts of the case it appears that there is no direct role attributed to the applicants Javed, Nazar Muhammad, Asim and Mst. Humaira in the incident. The alleged abductee Sahrash had appeared in Court, admitted the contents of her affidavit, exonerated applicants from the commission of the crime on the basis that she had entered into Nikah with him in consonance with the right guaranteed under Islamic law. The matter requiring consideration, pertains to the allegations which are levelled against the applicants are based upon mala fides, ulterior motives coupled with the loss, sustained to their honour dignity and prestige. The question of mala fides appears to be borne out from the record and sufficient material is available to come to the conclusion that the report has been lodged to victimize the applicants. On account of the emerged position, I am satisfied that in case of refusal to grant the pre-arrest bail to the applicants they would suffer humiliation their dignity would be lowered in general public. In view of the above circumstances the Criminal Bail Application No, 1108 of 2005 and Criminal Bail Application No, 1141 of 2005 are hereby allowed, the applicants, named above are admitted on pre-arrest bail on terms and conditions contained in the interim pre-arrest bail referred supra. The applicants are directed to associate with the investigation agency as and when desired in the case by the Investigating Officer.
7. Both applications are granted. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.