' SH. HAKIM ALI, J.--- Altaf Hussain, the petitioner, has prayed through this petition for grant of bail after his arrest was made in case F.I.R. No,236 of 2006, registered on 25-5-2006 by S.H.O. Liaqatpur Police Station, District Rahimyar Khan, under sections 16, 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979. Petitioner/accused had applied for grant of bail after arrest before the learned Additional Sessions Judge, Liaqatpur but was not able to get the concession of bail from the aforesaid learned Additional Sessions Judge on 6-9-2006. Hence, this bail after arrest petition.
2. According to the narration contained in the above mentioned F.I.R., the first information report was registered upon the order/ direction of learned Additional Sessions Judge passed under section 22-A of the Cr.P.C., and Muhammad Yaqub was its informant, who was father of Mst. Azra Bibi, the alleged abductee. The story in brief stated, narrated and found from the record is that Mst.
Azra Bibi was married to one Muhammad Saleem and had remained in the house of aforementioned Muhammad Saleem for some time, but there had arisen dispute between these spouses, which became the cause of her return to the house of her father. Muhammad Asif was stated to be a neighbour of aforementioned Mst. Azra Bibi, who had motivated her for the establishment of illicit relations, which Mst. Azra Bibi was not prepared and had allegedly refused.
Upon this, Muhammad Asif along with Muhammad Aslam, Sagheer Ahmad and Muhammad Zafar had abducted her (Mst. Azra Bibi) when she had gone outside her house to ease herself along with her mother Mst. Zarina Mai on 19/20-5-2006 in the midnight. Father of Muhammad Asif, namely Muhammad Bakhsh was approached, who had admitted the offence having been committed by aforementioned accused and had promised' to get the. Return of Mst. Azra Bibi to her father. But, after refusal to hand over the lady, the case was got registered through the above noted process.
Allegation against the petitioner as has sprung out from the facts is that Mst. Azra Bibi was produced by the present petitioner, namely, Altaf Hussain in a Panchayat, which was convened at the Dera of Nabi Bakhsh Gorgej on 17-7-2006. After the passing of five days from the return of lady in Panchayat, the statement under section 161 of the Cr.P.C. Of Mst. Azra Bibi was recorded by the police, in which she had along with many other persons attributed the allegation of detention and the commission of offence of Zina-bil-Jabr against the present petitioner. So, the petitioner was arrested on 7-8-2006 and was since then in judicial lock-up.
3. Learned counsel appearing on behalf of the petitioner submits that it is a fake and fabricated case wherein efforts have been made by the prosecution to rope in not only the petitioner but many other innocent persons. ,Mst. Azra Bibi had herself filed suit for dissolution of marriage on 22- 5-2006 before the learned Judge Family Court, Multan after hiring the services of a learned lady Advocate. She had also submitted an' application before the aforesaid learned Magistrate, Multan to.Get herself lodged in Dar-ul-Aman, as she had apprehended risk of her life at the hands of her husband Muhammad Saleem. Learned counsel submits that on 31-5-2006 upon the application of Muhammad Yaqub, Mst. Azra Bibi, who was living in Darul Aman was summoned by the learned Judicial Magistrate and she had made a statement before the learned Magistrate that she might be released from Darul Aman, as she was free from any fear. According to the learned counsel thereafter she had remained with her father and her statement made on 27-7-2006 before the police was a..Concocted and tutored story. It has also been stated by the learned counsel that medical examination of her person i.e. Mst. Azra Bibi on 1-8-2006 was inconsequential and had got no repercussion upon the innocence of petitioner, as no marks of violence were found on the body of aforementioned lady and the MLR had no corroborative or supportive effect to the prosecution case, against the alleged guilt of the petitioner. Learned counsel submits that the petitioner who is in jail since 7-8-2006 has got prima facie case of further probe. So, he may be released on bail.
4. On the other hand, learned counsel appearing on behalf of informant submits that in fact Mst.
Azra Bibi was abducted and was taken from one place to another place and she was under pressure, coercion and duress, and thereafter the suit for dissolution of marriage was got lodged from her in the Court of learned Judge, Family Court, Multan. The story, which has been narrated above from the accused's learned counsel, was in fact a preparation to save the skin of accused involved in the abduction, detention and commission of Zina-bil-Jabr. The release of Mst. Azra Bibi through Muhammad Yaqub, father of Mst. Azra Bibi, had never taken place as the application was never moved by father of the lady before the learned Magistrate, Multan for setting Mst. Azra Bibi free from Darul Aman and he had not appeared before the learned Magistrate for such purpose. In fact all this was got done by the accused persons. It is incredible that after having the abductee taken away from Darul Aman by the father on 31-5-2006, statement of the lady might not have been got recorded from the police uptill 22-7-2006. This fact itself proves that abductee was not with the informant before that date, In the statement which was recorded by the police under section 161 of the Cr.P.C., she had categorically alleged commission of Zinabil-Jabr with her by Altaf Hussain, petitioner. Report under section 173 of the Cr.P.C. Has been submitted to the competent Court on 9-9-2006. Therefore, petitioner was not entitled to bail. Learned State counsel has supported the arguments of the informant's learned counsel.
5. After considering the arguments of the learned counsel and from the perusal of the record and from the incident noted above, it transpires that this prima facie appears a case of elopement or a lady running away from her father's house so as to make efforts for the chain of marital bond broken from a Court of law, and then to marry the person of her own choice and not of abduction.
During the 'midnight, going of Mst. Azra Bibi out of the house, travelling from Liaqatpur to Multan, engaging the services of a lady learned Advocate, filing of a suit for dissolution of marriage at Multan on 22-5-2006, applying for being lodged into Darul Aman on the same day, residing in Darul Aman for about nine days, thereafter appearing before the learned Magistrate and stating nothing of the sort of abduction of Zina-bil-Jabr, having allegedly committed with her by the petitioner, or by associates of the petitioner and thereafter proceeding with father or accused persons, convening of Panchayat and her production by Altaf Hussain in that Panchayat on 17-7- 2006, recording of statement after five days from the return of her father's house, all these facts speak volume that ex facie this was not a case of abduction. I have also noted with concern that the petitioner if was a guilty person, then he would not have produced Mst. Azra Bibi before the Panchayat on 17-7-2006. Why Mst. Azra Bibi had not made statement, when she had appeared before the learned Magistrate on more than two occasions, even after remaining in Darul Aman, and appearing thereafter before learned Magistrate, all these facts have, in fact, compelled me to consider the case of the petitioner to be a case of further inquiry into his guilt. I may add that at present, there is a statement of alleged abductee before the police as against the record of Court proceedings. As to what would be the effect of these two upon the final fate of the case requires further probe. Therefore, I grant the petitioner bail provided he furnishes bail bond in the sum of Rs,50,000 (Fifty thousand rupees) with one surety in the like amount to the satisfaction of learned trial Court.
6. It may be clarified that the observations made in this order shall be considered for the purpose of disposal of this bail petition and shall not govern the final fate of the case.