Humaira Khakwani, her brother Touqeer Khan and father Faheem Khakwani, apprehending their arrest in a case registered vide FIR No, 296 dated 16-5-2016 under Sections 420, 468, 471 & 506 of the Pakistan Penal Code, 1860 with Police Station New Multan on the complaint of Mian kaleem Ullah, seek bail in anticipation thereto; it is alleged by the complainant, a special attorney of khalil Khadim, husband of Humaira Khakwani petitioner, that they fabricated entries in a marriage certificate and thereby inserted land measuring 144 kanal as dower in addition to 50 Tola gold ornament and- a residential house, originally settled between the spouses a consideration for the marriage. The couple was blessed with son, however, the marriage went on rocks whereafter Khalil khadim, presently residing in Saudi Arabia, after soliciting permission from the union council contracted second marriage. Litigation for the recovery of gold ornaments and possession of the house, admitted components of dower a well as the disputed land, is pending adjudication before learned Family Judge side by side with a suit for maintenance Crime was statedly committed on 30-4-2007 on the day of solemnization of marriage whereas the case registered on 16-5-2016, prosecution case is primarily hinged upon statement of Secretary Union council, who denied existence of record bening relied upon by Humaira Khakwani petitioner to assert her claim of dower before the learned Family Judge.
2. Heard. Record perused.
3. Touqeer Khan and Faheem Khakwani, petitioner are not signatories to the impugned marriage certificate. Khalil Khadim, the bridegroom, has not come forward to dispute the genuineness of entries in the marriage certificate and instead the issue is being pursued by a special attorney; it is candidly conceded by the learned Law Officer that till date statement of Khalil Khadim under Section 161 of the Code of Criminal Procedure, 1898 has not been recorded to any marriage certificate with contra entries to support accusation has been produced before the Investigating Officer. In this backdrop, argument that the entire family is being hounded with mala fide intentions on a trump up charge in order to subvert Humaira Khakwani's pursuits before the Family Judge cannot be brushed aside out of hand. Even otherwise, her remission into custody in view of protections available to a female under Section 167 of the Code ibid would not serve any useful purpose relative to investigation. Consequently, Crl. Misc. No, 6131-B/2016 is allowed and ad-interim bail already granted to the petitioners is confirmed subject to their furnishing bonds in the sum of Rs.100,000/- with one surety each in the like amount to the satisfaction of learned trial Court.