ABDUL SAMI KHAN, J.---Through this petition under section 498 Cr.P.C. the petitioner Muhammad Shahbaz has sought pre-arrest bail in case FIR No.593/2017, dated 15.11.2017 registered under section 365-B, P.P.C. at Police Station Saddar Sangla Hill, District Nankana Sahib.
2. The arguments advanced by the learned counsel for the parties have been heard and the record of this case has also been perused with their able assistance. This is bail before arrest and only tentative assessm ent is allowed at this stage. It has been noticed by this Court that there is a delay of one day in the registration of FIR which has not been explained by the complainant which prima facie shows that the FIR has been got recorded after due deliberations and consultations. As per allegation in the FIR, the petitioner along with his co-accused abducted Mst. Shakila Bibi on 14.11.2017, daughter of the complainant. It has also been noticed by this Court that the alleged abductee Mst. Shakeela Bibi has contracted Nikah with the petitioner on 13.11.2017 before the registration of the instant case and in this regard copy of the Nikah Nama is attached with this petition and the said abductee also filed private complaint before learned Judicial Magistrate, Lahore on 14.11.2017 and also recorded her statement that she has not been abducted by anybody rather she being sui juris contracted marriage with petitioner with her free will and consent.
Thereafter the petitioner joined her parents and got recorded her statement under section 164, Cr.P.C. and changed her version. I may observe here that this is a dilemma of our society that in the first instance, a girl elopes with her paramour and contract Nikah with her and later on when she joins her parents; she takes somersault and involves her husband and his family members/relatives in such like cases. Admittedly the petitioner is previous non-convicts. He has already joined the investigation. Only because imprisonment of offence with which the petitioner is charged falls under the prohibitory clause of section 497, Cr.P.C. is no ground to refuse bail if otherwise he became entitled to grant of pre-arrest bail.
3. For what has been discussed above, false implication of the present petitioner by the complainant with mala fide intention due to the grudge that his daughter contracted love marriage with petitioner cannot be ruled out of consideration. The ad-interim pre-arrest bail already granted to the petitioner vide this Court's order dated 31.01.2018 is hereby confirmed subject to his furnishing bail bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of learned Trial Court/Area Magistrate.
4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only.