' SHAHID HAMEED DAR, J.---The petitioner seeks bail after arrest in case F.I.R. No,1, dated 1-1-2010, under sections 365-B, 376, 420, 468, 471, 109 P.P.C., registered at Police Station Bahawana, District Chiniot.
2. Precisely the story of F.I.R. As narrated by Mian Hussain Bakhsh (complainant) is that his paternal grand-daughter Mst.Amina Bibi aged 14/15, a student of 10th class in Farhan Model High School was forcibly abducted by Javed Iqbal (petitioner), Abdul Ghaffar, Ahmad Yar, Taleh Bibi and two unknown accused, all armed with different weaponry, on 31-12-2009, when she was on way to her house while riding a rickshaw; the accused by throwing her in their car drove away to some unknown destination; the occurrence occurred in presence of Irshad Hussain, the father of the abductee Mst.Amina Bibi and one Abdul Ghafoor.
3. Learned counsel for the petitioner submits that the petitioner did not abduct Mst.Amina Bibi rather she being sui juris solemnized nikah with him on 5-4-2009, which factum she admitted repeatedly as true before different courts of law; at one stage she entered appearance before learned Sessions Judge, Chiniot on 19-1-2010 and categorically stated to have married Javed Iqbal (petitioner) but she opted to accompany her parents; the judgment and decree obtained by the prosecutrix regarding jactitation of marriage has been challenged by the petitioner through an appeal which is still pending adjudication wherein the alleged abductee has shown little interest in making appearance; she shifted from one stance to another frequently when she went into the hands of her parents and nominated certain other persons as accused whose names did not figure in the F.I.R.; a witness of F.I.R., Irshad Hussain filed a private complaint on 10-4-2012 qua the same occurrence, whereby he implicated a number of persons, even those who were not in picture till then as accused; the co-accused of the petitioner, Ahmad Nawaz etc. Have been granted bail by this court vide order dated 27-6-2011 and certain observations contained in the said order are equally helpful to the petitioner; lastly submits that the petitioner's case calls for further probe into his guilt, within the meaning of section 497(2), Cr.P.C.; relies upon "Qamar alias Mitho v. The State and another" (PLD 2012 SC 222) and "Muhammad Sadiq v. Sadiq and others" (PLD 1985 SC 182), by contending that the petitioner's case is one of further inquiry, therefore, factum of abscondance hardly impedes his prayer for bail.
4. On the other hand, learned Additional Prosecutor General Punjab assisted by learned counsel for the complainant opposes with the contention that the petitioner has committed a heinous offence and he, not only on merits but also through his offensive conduct, does not merit release on bail as he hoodwinked the process of law and courts repeatedly; the pre-arrest bail application of the petitioner was dismissed by this court on 28-6-2012 whereafter he approached the Hon'ble Supreme Court of Pakistan for the same purpose but his repeated attempt also ended in smoke as he absented himself from the apex court besides failing to furnish the bail bonds; the victim challenged the validity of nikah through a suit for jactitation of marriage which was decreed in her favour on 24-2-2012 and it was a contested case by both the sides; the factum of nikah has not been verified by the I.O. And all those who were linked with the fabrication of nikahnama have been held guilt and placed in column 3 of the challan by the I.O. Therefore, he may not be granted the relief prayed for.
5. After hearing learned counsel for the parties and perusing the record, it is observed that the conduct of the petitioner is not praiseworthy at all as he, after dismissal of his pre-arrest bail application. on 28-6-2012 by this court and dismissal of another petition of alike nature on 24-7- 2012 by the Hon'ble Supreme Court of Pakistan, did not surrender before the police and continuously kept absconding till he was arrested as a fugitive from law, on 19-1r-2012. The acclaimed marriage between accused-petitioner and the prosecutrix stands undone through judgment and decree dated 24-2-2012 passed in the suit for jactitation of marriage, filed by the latter against Javed Iqbal accused, by a competent court of jurisdiction. The nikahnama could not be verified by the I.O. During the course of investigation, who on finding it a forged document, added offences under sections 420, 468, 471, P.P.C. And implicated all those who were linked with fabrication thereof. The petitioner was not only declared an absconder during the course of investigation but he was also held as such by the learned trial Court. The stubbornness shown by the accused-petitioner, especially after dismissal of his applications for bail before arrest by this court as well as by the Hon'ble Supreme Court of Pakistan is a hard-core fact which cannot be easily lost sight off as, police struggled for months thereafter, to catch him on 19-11-2012. The prosecutrix categorically alleged in her statements under sections 161 and 164, Cr.P.C., that the accused-petitioner and his cronies ravished her repeatedly. Whatever she said and whatever she did, while being in clutches of the accused can only be appreciated by the trial Court after recording evidence of the parties at trial. The petitioner has been sent to jail a few months back and his period of abscondance spans over years. The probability cannot be ruled out that he may abscond again, if released on bail. The offence, alleged against the petitioner is covered by prohibitory clause of section 497(1), Cr.P.C. Therefore, I am not inclined to accept this application, which is dismissed accordingly. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.