' Sar Zaman, accused-petitioner seeks bail in a case against him and his co-confederates, in Police Station Singal, vide F.I.R. No,12/95 under section 457/354/363/506/511/448, P.P.C. The report was lodged by Mayoon Shah son of Taizhong Shah, resident of Guru jar to the effect that on 16-9-1995 at 9-30 p.m. He along with his wife Mst. Basina, his father-in-law Jangi Yar, mother-in-law Mst. Sifat Bibi, sisters-in-law Mst. Mumtaz Begum and Mst. Rehana were present in the house of Jangi Yar at Singal. The lodger of the report and his wife Mst. Basina were living in the house of Jangi Yar, who is the father-in-law of the reporter, during the days of occurrence. On the eventful night i,e, 16-9-1995 at 9-30 p.m. The door of their house was forcibly knocked and on unchaining the door from inside the house by Mst. Rehana, D.S.P. Sar Zaman and his bodyguard namely Abdul Ghafar, F.C. Duly armed with a Kalashnikov, entered the house. The accused-petitioner addressed the father-in-law and mother-in-law of the complainant that what they have done with Babar Khan. In reply, the father-in-law and mother-in-law of the complainant said that nothing wrong has been done to Babar Khan and in the meantime Babar Khan also entered the house. At the bidding of Sar Zaman, Babar Khan took the Kalashnikov from the Guman Abdul Ghafar and aimed at the complainant in order to fire at him. `The lodger of the report fled away into nearby field where maize crop was standing and took refuge there. Meanwhile the accused-petitioner attempted to take away the wife of the complainant Mayoon Shah for immoral purpose. When on the hue and cry of the mother-in-law of the complainant, accused-petitioner and his bodyguard along with Babar Khan took to their heels. Jangi Yar and his wife Mst. Sifat Bibi left for the house of Inspector Police Ghulam Akbar and on their arrival in the house of Ghulam Akbar, they found Mst. Basina and her husband Mayoon Shah already present there. Inspector Ghulam Akbar directed them to go to the police station and lodge the report. On the following morning at 8 a.m. a written application was presented by Mayoon Shah and on the basis of which, a case was registered by H.C. Hussain Shah against the accused-petitioner and his comrades. Accused Babar Khan and F.C. Abdul Ghafar, gunman of Sar Zaman were arrested by the police on 17-9-1995. Accused-petitioner had gone underground and could not be arrested. On 19-9-1995, Sar Zaman made an application to the A.I.- G. Police, Gigot Camp at Gahkuch that he had no confidence in the Giza Police and the investigation be entrusted to some other Police Officer. On the basis of the aforesaid application, the case was entrusted to Muhammad Mustafa, D.S.P. Gilgit for investigation.
2. Learned counsel for the accused-petitioner made submissions that the first information report is not supported by the eye-witnesses, who being the inmates of the house and their presence at night cannot be doubted even for a moment and they are the natural witnesses. The learned counsel alsb contended that section 457/363, P.P.C. Are not attracted in the case in hand and the remaining sections are boilable and no overact has been attributed to the accused-petitioner. The learned counsel further submitted that the accused-petitioner is suffering on Ischemic Heart Disease. In support of his contention, he placed on file some prescription chits and medical certificates issued by different doctors. In the first chit, some medicines are prescribed by the doctor, second is a medical certificate, dated 12-7-1992, issued by Dr. Shah Farman, who is Medical Specialist of the D.H.Q. Hospital, Gilgit, has advised the petitioner for light duties after complete rest of one month. The third certificate, dated 9-6-1992 issued by the very Specialist, the petitioner has been advised for two weeks rest along with treatment. Fourth is the Treadmill Exercise Test Report, dated 17-10-1989, issued by the Armed Forces Institute Cardiology and National Institute of Heart Diseases, Rawalpindi. It is mentioned in the said report that Exercise C.E.G. No specific Ischemic changes seen; occasional VPCS appeared from stage III VC, Final Interpretation: disappeared at peak exercise. Fifth is the admission and discharge slip, which indicates that the petitioner was admitted in the D.H.Q. Hospital, Gigot on 28-4-1989 and discharged on 10-5-1989, with the result fit for discharge. Sixth is also a certificate, dated 25-4-1987 issued by Dr. Imam Yar Baig, Medical Specialist, wherein the petitioner has been advised for complete bed rest for one month.
4. It is.Nowhere mentioned in the prescription chits and the certificates mentioned above that the petitioner-accused requires treatment through a Specialist, besides that there are Specialists available in the D.H.Q. Hospital, Gilgit and the accused-petitioner can properly be treated at Gilgit.
5. In reply to the arguments, advanced by the learned counsel for the accused-petitioner, the learned Advocate-General argued that there was no justification for the accused-petitioner and his comrades to trespass into the house of the complainant at night and submitted that the accused-petitioner is directly charged in the F.I.R. And the eye-witnesses being the inmates of the.
House are the natural witnesses, who fully support the contents of the first information report, that the accused-petitioner trespassed the house of the complainant in order to kidnap Mst. Basina, wife of the complainant Mayoon Shah for immoral purpose. Learned Advocate-General also pressed into service the absence of the accused-petitioner from the day he was denounced as an accused in the case in hand. He further developed his arguments that the accused-petitioner being the Acting Superintendent of Police of District Ghizar is the custodian of the honor, chastity and modesty of the woman and her property, but on the other hand the accused-petitioner -and his comrades committed lurking house-trespass by entering into the house of the complainant by night in order to take away Mst. Basina for immoral purpose.
6. ' Ghulam Akbar, Inspector Police, in his statement under section 161, Cr.P.C. Stated that on 16-9- 1995, .a farewell party was arranged in honor of S.H.O./S.I.P. Rajah Ali by the Police Personnel's of Police Station Signal in which Sar Zaman, D.S.P. Was also invited to attend the dinner, but sharp at 8 p.m. The Signal Police received a message from Sar Zaman that due to some emergency he is unable to attend the dinner. After dinner, Inspector Ghulam Akbar went to his residence. At about 10-30 p.m. He was asleep when somebody knocked at the door of his room. When the door was opened, Mayoon Shah and his wife were standing outside. They were allowed to enter his room and were asked the purpose of their visit at night time, they apprised Inspector Ghulam Akbar that at 9- 30 p.m. D.S.P. Sar Zaman, his orderly F.C. Abdul Ghaffar duly armed with a Kalashnikov and Babar Khan had come to their house in order to kidnap his wife, but on the alarm raised by the inmates of the house, they ran away. During the conversation of complainant party with Inspector Ghulam Akbar, father-in-law and mother-in-law of the complainant also entered in his room Inspector Ghulam Akbar directed them to go to the police station and lodge a report, but instead of lodging the report on the eventful night, they went to their house and on the following morning at 8 a.m. a written report was presented by Mayoon Shah complainant in the police station. Inspector Ghulam Akbar, in his turn directed the S.H.O. To register a case. It is also mentioned in the said statement that the whole situation was explained to the Deputy Commissioner, Ghizar as well as to the accused-petitioner, but the accused-petitioner, in reply said that he was drunk and under the influence of liquor at the relevant time. Inspector Ghulam Akbar took it very ill.
7. After hearing the arguments of the learned counsel on either side and examining the case file.
The first information report made by Mayoon Shah is duly supported by the eye-witnesses namely, Mst. Basina, Mst. Mumtaz Begum, Mst. Rehana, Mst. Sifat Bibi and Jangi Yar in their statements recorded under section 161, Cr.P.C. Before the police as well as in their statements under section 164, Cr.P.C. Before a Magistrate and except a few minor omissions, the aforesaid P.Ws. Who are the natural witnesses of the occurrence being the inmates of the house have fulls/ supported the prosecution version on all material particulars. The D.S.P. Muhammad Mustafa (Investigating Officer) in his progress report has clearly stated that during the course of investigation, it came to light that Sar Zaman accused-petitioner was not enjoying good reputation in the Area and generally he used to associate with bad character people and the notables of the Area were very much annoyed over this. He had close association with the people enjoying ill reputation.
Regarding Babar Khan alias Baburi, it is mentioned in the progress report by the aforesaid Investigator that he is ill reputed person and is a supplier of girls to the officers. He further stated in the report that S.I.P. Rajab Ali is a drunker and a womanizer. Both, the accused-petitioner and Rajab Ali, S.I.P. Were on friendly terms with each other before 24th August, 1995 and thereafter their relations became strained when Mst. Basina was married with Mayoon Shah complainant and according to the custom of the Area, S.I.P. Rajab Ali became the foster-father of Mst. Basin at the time of her Nikah with Mayoon Shah. Mst. Basina and her husband started visiting the house of S.I.P.
Rajab Ali regularly after their marriage. The accused who was bad named with Mst. Basina and the latter ignored the accused-petitioner, after her marriage with Mayoon Shah. It is further mentioned in the said progress report that prior to the present incident, Sar Zaman and Rajab Ali, S.I.P. Hurled abuses to each other on telephone, as Mst. Basina had become a bone of contention between the accused-petitioner and S.I.P. Rajab Ali.
8. The public of the village Signal got infuriated on account of the alleged incident. They blocked the Gilgit as well as Chitral Road and also put on fire a Government vehicle and pelted stones at the Police Station Gahkuch, but due to the intervention of the Deputy Chief Executive, Pir Karam Ali Shah, Chairman, District Council, Mr. Aziz Ahmad, and Chairman, Municipal Committee Mr. Sultan Madad Khan, the situation was brought under control.
9. The Chief Secretary, Northern Areas appointed Mr. Muhammad Ali, Civil Judge, Mashabrum to conduct a judicial inquiry in the case in hand and to submit his report in detail within a week. The Inquiry Officer conducted the judicial inquiry and sub Mitted his report to the Chief .Secretary on 8- 10-1995, after examining several persons at Gahkuch, he made recommendations in his report to the Government that in the interest of justice, law may be. Set in motion against the accused persons and action be taken against them under the relevant law. It is also mentioned by the Inquiry Officer in his report that case be also registered against the individuals who are responsible for investigating the people for damaging and setting the public property on fire.
10. No doubt, ascendance of the accused by itself does not have any IA substantial evidentiary value, but it' can be used as a corroborative piece of evidence. The accused was denounced as a culprit in the case in hand on 16-9-1995 and his co-accused F.C. Abdul Ghaghara gunman and Babar Khan alias Baburi were arrested on 17-9-1995, but the accused-petitioner made himself scarce till 21-9-1995 which remains unexplained.
11. Keeping in view the prompt F.I.R. Lodged by Maroon Shah duly supported by the inmates of the house, who are the natural witnesses to the occurrence at night time, investigation conducted by Muhammad Mustafa, D.S.P. Gigot, statement of Inspector Ghulam Akbar under section 161, Cr.P.C.
And judicial inquiry, conducted by Mr. Muhammad Ali, Civil Judge there is a prima facie case against the accused-petitioner and I find no reasonable ground to enlarge the accused-petitioner on bail. The result is that his application for bail stands rejected.