Shehnaz Bibi petitioner seeks pre-arrest bail in case F.I.R. No, 122/07 dated 8.4.2007 registered at Police Station Saddar Mian Channun in respect of offence under Section 365-B. P.P.C.
2. Precisely the prosecution story as unfolded in the F.I.R. lodged at the instanced of Imtiaz Hussain complainant, is that Ijaz Khan co-accused developed illicit relations with the petitioner and he allegedly abducted the petitioner on 6.4.2007 in absence of the complainant.
3. Learned counsel for the petitioner has contended that petitioner is living with her real father namely Shamma that the petitioner has filed a 'suit for dissolution of marriage against the complainant the F.I.R. has been lodged with inordinate delay of two months that the provisions of Section 365-B P.P.C. are not attracted to the facts and circumstances of the case, and case of the petitioner needs further inquiry.
4. Conversely the learned counsel for the complainant has opposed he bail application on the ground that the petitioner has been committing zina with Ijaz co-accused that the petitioner is in fact not daughter of Shamma rather she is daughter of Allah Bakhsh. At this stage Shamma, who claims is to be the father of the petitioner submits that his wife after getting/divorce from him had married Allah Bakhsh who riling to him is not father of the petitioner. He further submits that the petitioner is living with him and has not indulged in committing zina with anybody.
5. After hearing both the sides I have noticed that initially the -name of the petitioner has been mentioned in the F.I.R. as an abductee.
It has been further observed by me that the petitioner has already filed a suit for dissolution of marriage against the complainant, besides that F.I.R. in this case was lodged with an inordinate delay of two months. The petitioner being lady her case falls under the first proviso of Section 497 Cr.P.C. also. Moreover, all the above said facts lead me to conclude that a case of further inquiry has been made out in favour of the petitioner. Consequently the petition in hand is accepted and ad-interim par-arrest bail already granted to the petitioner is hereby confirmed subject to her furnishing fresh bail bonds in the sum of Rs, 30,000/- with one surety in the like amount to the satisfaction of the learned trial Court.