Through this single order, I intend to dispose of instant Criminal Miscellaneous No, 820-B of 2018 filed by Khurshid Ahmad petitioner as well as Criminal Miscellaneous No, 1800-B of 2018 filed by Kazim Hussain and Khalid Hayat petitioners as both these petitions seeking post arrest bail have arisen from same FIR No 119/2014 dated 25.02.2014 registered at Police Station Luddan District Vehari for the offences under Sections 496-A, 376, PPC.
2. In the earlier part of the day, learned counsel for complainant did not appear. Court was informed that he was busy before another Bench, as such file was kept in wait for arguments of learned counsel for complainant and was taken up again at 10:20 p.m. but learned counsel for complainant did not appear.
Arguments heard and record perused.
3. Allegation against the petitioners as per FIR is that on 03.02.2014, they along with co-accused Zahid alias Zahidi, Mst. Sidra Bibi, Mst. Hameeda Bibi and Muhammad Riaz abducted Mst. Arooj Zafar, daughter of the complainant, whose Nikah had been solemnized with one Shahid Yar but Rukhsati had not taken place so far. Alleged occurrence took place on 03.02.2014 and the matter was reported to police on 25.02.2014. FIR was initially registered for the offence under Section 496-A, PPC. Later on, offence under Section 376, PPC was added as the alleged abductee in her statement under Section 164, Cr.P.C. levelled allegation of rape against co-accused Zahid alias Zahidi. As per contents of FIR, on 03.02.2014, complainant was present at his house with his family members when his daughter (alleged abductee) accompanied co-accused Mst. Sidra and Mst. , Hameeda as they were her relatives and later on complainant came to know that said ladies were seen taking away his daughter in a car whereas four co-accused including petitioners who were on two motorcycles, were escorting the car. Said stance of complainant was found incorrect by police during investigation as Mst. Sidra and Mst. Hameeda who are real sister and mother, respectively, of petitioners Khurshid Ahmad, Khalid Hayat and co-accused Zahid alias Zahidi, were found innocent.
Co-accused Riaz who too was named in the FIR, was also found innocent during investigation. After first investigation, FIR was recommended for cancellation on 15.11.2014 but later on case was re- investigated. Learned counsel for petitioners contends that in fact the alleged abductee contracted marriage with co-accused Zahid alias Zahidi of her free consent through valid Nikah- nama dated 13.02.2014 and thereafter she appeared before learned Additional Sessions Judge, Lahore on .14.02.2014 as she filed a harassment petition against her father (complainant) and other relatives acknowledging her Nikah with co-accused Zahid alias Zahidi. Learned counsel further submits that implication of petitioners in this case is result of widening of net as Khurshid Ahmad and Khalid Hayat petitioners are real brothers of co-accused Zahid alias Zahidi whereas petitioner Kazim Hussain is their cousin. Copy of Nikah-nama, marriage registration certificate, harassment petition as well as order dated 14.02.2014 passed by learned Additional Sessions Judge, Lahore are annexed with the petition. Perusal of said documents shows that photograph of the alleged abductee has been affixed on first page of harassment petition and her thumb impression has also been affixed on margin of the order sheet. Also important to note here is that in her statement recorded under Section 164, Cr.P.C., alleged abductee did not level allegation of rape against any of the petitioners.
4. In view of all the above mentioned facts circumstances, case against petitioners calls for further inquiry. Actual facts of the case can be surfaced after recording evidence. Material available on file at this stage prima facie does not connect the petitioners with commission of alleged offence.
Petitioners are behind the bars and their persons are not required for further investigation.
Therefore, both the petitions in hand are accepted and petitioners be released on bail, subject to their furnishing bail bonds in the sum of Rs. 2,00,000/-each with one surety each in the like amount to the satisfaction of trial Court.