ABDUL LATIF KHAN, J:- Petitioners Sajid Ali Khan seeks post arrest bail in case FIR No.940 dated 09.02.2015, registered u/s 493/493-A/506 PPC at P.S. West Cantt:, Peshawar.
2. As per prosecution case, the complainant Mst.Asia Rehman being colleague of petitioner in the NAB department, contracted marriage with each other on 25.11.2013 which was kept secretly as per instruction of petitioner. Lateron petitioner denied performance of Nikah with the complainant and defamed her by telling the peoples and other colleagues that he has illegal sexual relation with the complainant. Consequently on the basis of acceptance of application u/s 22-A Cr.PC, of complainant by Justice of Peace, a case vide FIR mentioned above was registered against him.
Arguments heard record perused.
3. Perusal of record reveals that in support of her version, the complainant examined the Nikah Khwan and marginal witnesses of the alleged Nikah but all the witnesses have admitted that the alleged Nikah Nama has not been signed by the petitioner which creates doubt in the genuineness of Nikah. Besides, two forms of Nikah Nama has been produced by complainant wherein one Form the date of Nikah has been mentioned as 25.11.2013 whereas in other Nikah Nama form, the date of Nikah has been mentioned as 25.11.2014, which makes the Nikah Nama doubtful.
4. The applicability of Sections 493 & 493-A PPC would be seen at the trial after recording prosecution evidence. Besides, the oral evidence produced by complainant would also be determined at trial and in presence of documentary, preference cannot be given to the oral evidence under Article 103 of Qanoon-eShahadat Order, 1984. Petitioner is behind the bar since his arrest and is no more required to the local police for further investigation.
5. In view of what has been observed above, this petition is allowed and the petitioner is admitted to bail provided he furnishes bail bond to the tune of Rs.5,00,000/- with two sureties each in the like amount to the satisfaction of trial Court concerned who shall ensure that the sureties are local, reliable and men of means.