Respectfully Sheweth:
1. That the accused / petitioner is falsely implicated in the above mentioned case , arrested by local police and is kept in Judicial lockup. (Copy of the FIR is attached as annexure "A")
2. That the petitioner filed an application for grant of bail before the Additional Session Judge / Izafi Zilla Qazi III Swat, who dismissed the same vide his order dated 05/01J2018.. (Copies of the application and order dated 05/01/2018 attached here with as annexure B&C).
MOHAMMAD IBRAHIM KHAN, J.- The Petitioner by the name of Noor Zaman is entangled in case FIR No. 1046 dated 20.12.2017 charged under sections 376,496-A PPC registered at Police Station Rahim Abad District Swat. On his implication he is looking for bail after arrest.
2. Earlier attempt of the Petitioner for the similar relief through bail application No. 6/4 of the year 2018 before the Court of learned Additional Sessions Judge/Izati Zila Qazi-II Swat was ended on failure by the order dated 06.01.1018.
3. The matter came into existence when one Hazrat Hussain on 14.11.2017 at 20:30 hours reported the matter to the local police that around six (6) days back as usual when he went to Amankot Bazar for selling of Beans (Ghungrai). When returned to his house on 21:00 hours, his wife Mst. Nasreen was missing. His daughter Mst, Neelu aged about 13/14 years was inquired about her mother, she replied that her mother (Mst. Nasreen) along with her minor sister Asma aged about 8 years have gone to the house of their parents at Asar Vela situated at Ghumbat Maira. When his in laws were contacted they have shown ignorance about his wife (Mst. Nasreen).
The parties were under matrimonial relations for the list 28 years and they have six (6) children born out of their wedlock. His wife (Mst. Nasreen) had taken Rs. 17,000/- along with her garments from his house. The complainant lodged the report against unknown person with whom his wife was eloped, however later on came to know that she was having mobile phone bearing Sim # 0342-9471068. This report was entered vide Nagai Mad No. 52 of the daily diary dated 14.11.2017. Later on the complainant recorded his statement under section 164 Cr. P.C on 20.12.2017 and charged the co-accused Muhammad Hussain for enticing of his wife Mst.
Nasreen in the company of his minor child Mst. Asma.
4. Subsequently , the alleged abductee after recovery recorded her statement under section 164 Cr.P.C and charged the present accused/Petitioner Noor Zaman for commission of Zina-bil-jabr with her and contracting of Nikah forcibly without her consent.
5. Having heard arguments of learned counsel for the Petitioner and learned Astt: Advocate General for the State, record with their valuable assistance gone through While on 17.01.2018 the complainant appeared before the learned Additional Registrar (Judicial) of this Court and stated therein that he did not want to engage counsel of his choice and would rely on the arguments of learned State counsel.
6. At first instance, learned counsel for the Petitioner stated that the complainant is no more interested to pursue his case against the accused/Petitioner in view of the compromise arrived at between the parties, therefore, the Petitioner be released on bail on the basis of compromise. Though the offence is non-bailable and non- compoundable in nature, however , in the interest of justice, the Court can grant bail even in non-compoundable offences. In support of his arguments he placed on 2004 P Cr. LJ 490 (Peshawar) Aziz khan v/s The state and another" wherein the relevant citation speaks of: "Bail in non-bailable and non-compoundable offence due to compromise. Fact that the parties have themselves voluntarily forgotten and forgiven a certain crime and have entered into an outside Court settlement, may be considered as a ground for release of the accused person on bail in the interest of justice and equity ."
7. The learned Astt: Advocate General vehemently opposed the submission of the learned counsel for the Petitioner with regard to factum of compromise in between the parties and in view whereof release of Petitioner on bail. He submitted that the offence i.e. section 376 PPC is non-bailable and non-compoundable, therefore, in such like crimes which affect the whole society at large bail could not be considered as an option especially in view of the statement of the abductee Mst. Nasreen recorded under section 164 Cr. P.C wherein serious allegations have been levelled against the present accused/Petitioner.
8. Thus, on tentative assessment of the case, there is sufficient material available on record which prima facie connects the Petitioner with the commission of offence falling within the prohibitory clause of Section 497 Cr.P.C.
Therefore, this petition has got no force, which is hereby dismissed. However , since challan has already been put in Court in the case, therefore, the learned trial Court may conclude the trial Court within four (4) months positively .