1. ' SHAHID ANWAR BAJWA, J.---F.I.R. No,74. Of 2011 was recorded at Police Station Daharki on 9-3-2011 for an incident alleged to have taken place on 22-2-2011. The complainant stated in the F.I.R. That his marriage was solemnized with one Mst. Afshan Bibi in presence of father and brother of Mst.
2. Afshan Bibi. Subsequently uncle of Afshan Bibi, the present applicant No,1 and others issued threats for declaring the complainant as "Karo" and on 22-2-2011 at 5-00 p.m applicant No,1 along with Jan Muhammad, the applicant NO.2 and Irshad Ahmed son of Jan Muhammad, the applicants Nos.3 and 8 to 10 unknown persons came and showed deadly weapons and demanded penalty of Rs, Three lac for declaring wife of complainant as "Kari" and that in Badal-i-Sulh, hand of Baby Iram be given. Father of the complainant refused to obey such demand, on which harsh words were exchange and kicks and fist blows were given. Complainant filed application under sections 22-A and 22-B and thereafter the F.I.R. Was registered.
3. ' Learned counsel for the applicants stated that even if all the story is believed to be true the offence under section 310-A, P.P.C. Is not made out. It was for that reason that the police while submitting challan dropped section 310-A, P.P.C. And submitted the challan for offence under section 506(2), P.P.C. Learned counsel further submitted . That age of Baby Iram is not mentioned in the F.I.R. And as far as kicks and fist blows are concerned, no medical examination report has been produced. As far as rest of the incident is concerned no specific role has been attributed to any of the applicants. Therefore the case of the applicants requires further enquiry. He also submitted that after grant of interim bail by this Court, the applicants have joined the trial and are regular attending the trial court.
4. ' Learned D.P.-G. Vehemently opposed the bail application and stated that in the challan under section 506(2), P.P.C., the applicants have been shown as absconders. He further submitted that since hand of Baby Iram was demanded therefore it attracts the offence under section 310-A, P.PC.
5. ' I have considered the submissions of the learned counsel and have gone through the record.
6. ' Section 310-A, P.P,C. Is reproduced as under:- "310-A. Punishment for giving a female in marriage or otherwise in badal-i-sulh. Whoever gives a female in marriage or otherwise in badal-i-sulh shall be punished with rigorous imprisonment which may extend to 10 years but shall not be less than three years."
7. ' Contention of Mr. Ada is that age of baby Iram is not mentioned in F.I.R., therefore section 310-A is not attracted. To this extent, the contention is misconceived. No age, minimum or maximum, of female given in Badal-i-Sulh has been prescribed in Section 310-A. However, in the Section the key word is "gives". This indicates the intention of legislature that mere demand of hand of a female in Badal-i-Sulh does not constitute offence under section 310-A. It is only giver of a female in Badal-i- sulh who is guilty and one who receives a female in such a way, may be an accessory.
8. ' In the present case it is alleged in the F.I.R. That a faisla was held and it was demanded baby 'ram be given in Badal-i-sulah, therefore section 310-A is not attracted and the police has it appears rightly submitted challan under section 506(2), P.P.C.
9. ' The prescribed punishment under this section is 7 years and therefore it does not fall within the prohibitory clause: ' Contention of Mr. Jatoi learned D.P-G that the applicants have been shown as absconders, does not appear to be correct. F.I.R. Was registered on 9-3-2011 and on 10-3-2011 pre-arrest bail application was filed and interim bail was granted by the Court below. Thereafter on 22-3-2011 that bail application was dismissed. Thereafter they approached this court and interim bail was granted by this Court vide order dated 11-4-2011. Mr. Ada categorically stated that the applicants have joined trial. Therefore they cannot be termed as absconders.
10. ' It may not be out of place to mention here that kicks and fist blows were alleged to have been given by five persons but neither any specific injury was stated in the F.I.R. Nor medical examination report has produced. Since the case of the present applicants does not fall within the prohibitory clause of section 497, Cr.P.C, therefore the bail application is allowed. The interim pre-arrest bail granted to the applicants on 11-4-2011 is confirmed on the same terms and conditions.
11. Pre-arrest .