Petitioners Zafar Hussain, Sabir Hussain and Nasir Hussain sons of Muhammad Nawaz sought bail after arrest in case F.I.R. No. 330 dated 9-12-1995 under section 452/148/149, 337-A(ii), 337-F(i) read with section 11, Offence of Zina (Enforcement of Hudood) Ordinance VII, 1979, P.S. City Kabirwala registered against the petitioners and others for the alleged abduction of Mst. Nasreen Akhtar sister of the complainant and for causing injuries to Mst. Zainab Bibi, Aziz Mai and Mst. Shamim Akhtar in an occurrence which took place on 9-12-1995 at 1-30 p.m. In the area of Basti Rehanpur situated at a distance of 2 k.m. From the P.S.
2. Learned counsel for the petitioners argued that from the own showing of the prosecution Mst.
Nasreen Akhtar alleged abductee was betrothed to Nasir Hussain petitioner and Sharai Nikah was solemnised and thereafter Mst. Nasreen and her relatives broke the promise which resulted into the filing of a suit for dissolution of marriage, which was decreed in favour of Mst. Nasreen and the appeal of Nasir Hussain petitioner was dismissed. Further argued that petitioner Nasir Hussain filed a suit for restitution of conjugal rights at Dharki (Province of Sindh) which was decreed in his favour.
Also submitted that a false case has been registered against the petitioner on account of strained family relations between the parties and petitioners did not commit any offence; that the injuries allegedly caused to the prosecution witnesses with blunt weapon were declared to be simple in nature and facts of the case require some amount of further inquiry to connect the petitioners with the commission of offence.
3. Learned counsel for the State argued that the petitioners were named in promptly registered F.I.R.
With specific role and the offences alleged against them fall within the prohibitory clause of section 497, Cr.P.C.
4. I have heard the learned counsel for the parties and have gone through the record.
5. Talib Hussain, Khizar Hayat and Allah Ditta co-accused of the petitioners were attributed injuries to Mst. Zainab, Aziz Mai and Shamim Akhtar. During the investigation, all the three were found innocent by SP, Khanewal vide Zimni dated 29-3-1996. The petitioners have not been attributed any injury to any one. The injuries have been declared simple in nature.
6. I have examined the statement of Mst. Nasreen Akhtar abductee/victim recorded under section 161, Cr.P.C. She has stated that none of the petitioners or their co-accused committed Zina with her.
She was kept in confinement for 5 days in a house at Khanewal. She did not allege that any effort was made by the accused petitioners to force her to marry against her wishes.
Section 11, Offence of Zina (Enforcement of Hudood) Ordinance VII, 1979 provides: -- "Kidnapping, abducting or inducing woman to compel for marriage etc.---Whoever kidnaps or abducts any woman with intent that she may be compelled or knowing it to be likely that she will be compelled to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, shall be punished with imprisonment for life and with whipping not exceeding thirty stripes and shall also be liable to fine; and whoever by means of criminal intimidation as defined in the Pakistan Penal Code (Act XLV of 1860) or of abuse of authority or any other method of compulsion induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid.
7. A perusal of the above-quoted provision of law makes it clear that in order to attract the mischief of section 11 ibid the abduction of any woman must be with the intention to compel her to marry against her will or to force or to seduce her to illicit intercourse. No such allegations are levelled by the abductee in her statement recorded under section 161, Cr.P.C. The offences under sections 452/148/149/337-A(ii) and 337-F(i), P.P.C. Are not punishable with imprisonment of 10 years or more.
The petitioners are in the judicial lock-up for the last about 4 months and are no more required for further investigation. In my considered view there are no reasonable grounds for believing that the accused have committed a non-bailable offence but there are sufficient grounds for further inquiry into their guilt.
8. For what has been stated above, this petition is accepted and petitioners, Zafar Hussain, Sabir Hussain and Nasir Hussain are admitted to bail provided they furnish bail bond in the sum of Rs.30,000 each with one surety each in the like amount to the satisfaction of Senior Civil Judge/Trial Court, Khanewal.