The petitioner seeks post-arrest bail in case FIR No, 431/10 dated 01.12.2010 under Sections 496- A/380/365-B/34 PPC P.S. Kot Mubarak, District Dera Ghazi Khan.
2. The precise allegation against the petitioner is that he while armed with Pistol alongwith his co- accused Abid Hussain armed with Kalashnikov and two ladies forcibly abducted Mst. Sumaira Bibi daughter of the complainant in order to subject her to illicit intercourse.
3. Learned counsel for the petitioner has contended that, in fact, Mst. Sumaira Bibi contracted marriage with Abid Hussain co-accused with her free consent; that she had categorically stated before the Judicial Magistrate (Central) Karachi, that she was not abducted by any one and contracted marriage with her free consent; that after her recovery on 29.5.2011, she has never been produced during investigation and has been kept under captivity in Baluchistan as she has refused 'to disown her matrimonial ties with co-accused Abid; that after dismissal of the first petition moved by the petitioner, her statement before the Judicial Magistrate, Karachi, was recorded and she has been recovered so a new ground has come into existence and that the allegations levelled against the petitioner are not fortified so the case needs further probe and inquiry.
4. Learned DPG has vehemently opposed the petition. It is contended that the first bail petition moved by the petitioner in this Court was dismissed vide order dated 16.03.2011 so the instant petition is not maintainable; that the petitioner is responsible for abduction of the daughter of the complainant and all events, which took place thereafter and that there sufficient material available on the record to connect him with the commission of the offence falling under prohibitory clause of Section 497 Cr.P.C. so he is not entitled to the concession of bail.
5. It is true that the first bail petition moved by the petitioner was dismissed by this Court on 16.3.2011 but at that time the alleged abductee Mst. Sumaira Bibi had not been recovered. It is evident from the record that she was recovered by her rather on 29.5.2011 and has not been produced before the I.O. till today. If the victim in an abduction case does not support the prosecution version or is not produced by the prosecution during investigation or trial then a reasonable doubt arises as to the veracity of the prosecution allegations and it becomes a case of further inquiry within the meanings of Section 497(2) Cr.P.C. It is also clear from order dated 10.4.2011 passed by the Judicial Magistrate (Central), Karachi, that the alleged abductee negated the allegation of her abduction and stated that she had contracted marriage with Abid Hussain, co-accused of the petitioner. In these circumstances, the allegation of involvement in abduction against the petitioner clearly needs further probe and inquiry. There is no bar under Section 497 Cr.P.C. on submission of second bail application and the instant petition cannot be dismissed merely because the first application moved by the petitioner was not accepted. Even otherwise a significant new fact has come into being as elaborated above.
6. For the reasons supra, the petition is accepted and the petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs,50,000/- with one surety in the like amount to the satisfaction of the learned trial Court.