RAUF AHMAD SHAIKH, J.---Arguments have been heard and record has been perused minutely.
The allegation against the petitioner is that he abducted Mst. Nosheen Bibi aged about 20 years daughter of the complainant, stole gold ornaments and cash amount of Rs, 2,10,000 from the house and had been committing Zina-bil-Jabr with the abductee.
2. The learned counsel for the petitioner has contended that the allegations against the petitioner are false as Mst. Nosheen Bibi being sui juris has contracted marriage with the petitioner with her free consent as he has embraced Islam and certificate was issued in this respect by "Tajweed-ul- Quran Academy". It is contended that Nikah Nama was duly registered and abductee had sworn affidavit and made statement before the notary public, Islamabad, whereby she had admitted the factum of Nikah and denied the allegation of her abduction. It is contended that no independent evidence is available and case, against him clearly needs further probe and inquiry. The learned counsel for the petitioner further contended that the abductee had not made any hue and cry when she was being allegedly removed so the case becomes of further probe and inquiry., Reliance is placed on 2008 YLR 2283 (Karachi), 2008 YLR 1607 (Lahore) and 2010 YLR 735. It is also contended that the petitioner has recited "Kalma Tayyaba" and no one has a right to question his faith because faith is a personal matter of any individual. Reliance is placed on 2004 PCr.LJ 622 (Federal Shariat. Court).
3. Controverting these arguments the learned counsel for the complainant and learned Standing Counsel for the State have contended that the petitioner abducted a young girl aged about 20 years on gunpoint and also removed cash amount/gold ornaments from the house of the complainant and then prepared a forged Nikhanama although he is a Christian and father of three children. It is further contended that certificate regarding embracing Islam and Nikahnama are forged and the alleged Nikah is void as the petitioner still poses himself to be a Christian. In support of this contention they have produced the copy of the Wakalat Nama submitted by him, wherein he has mentioned his name as Shahbaz Masih and that he had obtained permit to purchase the liquor in July, 2009 posing himself to be a Christian so the question of existence of valid Nikah does not arise.
4. The abductee has categorically stated in her statement recorded under sections .161 and 164, 'Cr.P.C. that petitioner abducted her along with sum of Rs, 2 lac and gold ornaments weighing 22 tolas and had been committing Zina-bil-Jabr with her. The report of chemical examiner supports her contention. The alleged affidavit sworn before the notary public is not .material at this stage because it is a matter of common knowledge that abductees are usually induced or forced to put signatures on such documents. The abductee has denied the validity of Nikahnama and the same appears to be doubtful as none of her close relatives or person of vicinity was present at the time of solemnization so it cannot be accepted at this stage that she entered into the Nikah with her free consent. The contention of the petitioner that he has embraced Islam also cannot be accepted at this stage because he himself has given his name as Shahbaz Masih in the Wakalat Nama executed in favour of his learned counsel in Sessions Court. It is also admitted that he purchased liquor in July, 2009 posing himself to be non-Muslim but urged that the permit was obtained before May,2009,i.e embracing Islam. It is true that faith of a person is personal matter and if one embraces Islam it should not be disbelieved but in this peculiar circumstance when even after four months of embracing Islam he poses himself as Christian, the claim will have to be scrutinized thoroughly. The marriage between the petitioner and alleged abductee is not established. He had been committing intercourse as admitted by him and proved through the medical evidence. Prima facie he is involved with the commission of offence falling within the prohibitory clause of section 497, Cr.P.C. No ground for grant of bail is made out. The case law cited at the bar is not applicable on the facts of the present petition rather the case law reported as 2002 SCM R 442 (Supreme Court of Pakistan), 2008 PCr.R 1286 (Lahore and 2008 M LD 337 (Lahore) is fully applicable.
5. For the reasons supra this post arrest bail application is without merits and the same is hereby dismissed. However, the learned trial Court is directed to conclude the proceedings expeditiously by following the instructions embodied in the National Judicial Policy.