The petitioners/accused Rabnawaz son of Altaf Hussain, Imran son of Hasnain, Qaiser son of Hasnain, Ashfaq son of Wazir Ahmad and Bashir Ahmad son of Ziadat seek their post arrest bail in case FIR No, 335/08 dated 29.12.2008, under Sections 310-A, 506-B PPC, P.S. Nawan Shaher, District Khanewal.
2. It is inter alia contended that the provisions of Section 310 PPC are not attracted even from the bare perusal of the FIR. Petitioners are innocent and falsely involved in this case with malafide intentions and for ulterior motives. They are no more required for investigation purposes. They are behind the bars for the last more than six months. In support of his contention places reliance upon (PLD 2007 Supreme Court of Pakistan 48) "State Vs. Sultan Ahmad and others" (PLD 2007, Lah. 276)
"Pir Bux alias Piran and 7 others Vs. The State". Mst. Kalsoom alleged abductee by Rab Nawaz who has not supported the contents of this complaint, appeared before this Court on 03.03.2009 during the course of hearing of Writ Petition No, 563/09 and categorically stated that she was neither abducted by any body nor kept in illegal confinement and that she wants to reside with his husband. Mst. Sumaira was married to Imran. Further submits that Imran accused though married with Mst. Sumaira. But since no Rukhsati has taken place, therefore, the version as put forth by the complainant in the FIR is against the facts which stands belied from the DNA report, whereas, rest of the accused have only been involved being related to the petitioners. Rab Nawaz. They are behind the bars since 19.01.2009.
3. Conversely, learned counsel for the complainant with vehemence opposed the submissions made at bar by learned counsel for the petitioners and submits that the challan has already been submitted in the Court. Petitioners are named in the FIR. Both the victims were recovered from the possession of Rab Nawaz and Imran petitioners. There is sufficient evidence for connecting the petitioners with the alleged offence, in particular statement of Nikah Khawan.
4. Arguments heard. Record perused.
5. Admittedly one of the two sisters/alleged abducee is residing in the same house and has in her statement recorded under Section 161 Cr.P.C, as well as before this Court supported the defence version and has contradicted the story as narrated in the FIR. The matter qua one girl is pending before the learned Family Court. The petitioner is also not required for investigation purposes. The judgments referred to supra by learned counsel for the petitioner are fully attracted to the facts and circumstances of the case. Deeper appreciation at bail stage is not permissible. I am of the considered view that the petitioner's case calls for further inquiry, while respectfully following the law laid down by the Hon'ble Supreme Court in (PLD 2007 Supreme Court of Pakistan 48) "State Vs. Sultan Ahmed and others (PLD 2007 Lah. 276) 'Fir Bur alias Piran and 7 others Vs. The State", this petitions is allowed and the petitioners are admitted to post arrest bail subject to their furnishing of bail bonds in the sum of Rs,1,00,000/- (rupees one lace) each with one surety each in the like amount to the satisfaction of learned trial Court.