' This is an application under section 498, Cr.P.C., for the grant of pre arrest bail moved by the petitioners in case F.I.R. No,18 of 1999, dated 29-1-1999 under section 10/11 offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 read with section 342, P.P.C., registered at Police Station Liaqatabad, Lahore.
2. Briefly stated the facts are that complainant Mst. Kornai Nasim Gil and accused Mst. Lubna Lall are working as training nurses in Children Hospital Lahore and, as such, were known to each other.
Mr. Imran Akhtar, brother of Mst. Lubna Lall and Yousaf Gill, her maternal uncle were also known to her, as they had been visiting the hospital to see Mst. Lubna Lall. On 9-10-1998, while she was returning from her duty, accused Imran Akhtar, Mst. Lubna Lall and Yousaf Gill met her near Habib Bank Fruit Mandi and told her in the presence of Sadiq @ Jugnoo, who was standing there, that her father was ailing and had been admitted in General Hospital. Upon this she boarded a taxi alongwith aforementioned persons, who instead of taking her to General Hospital took her to Garhi Shahu where she was confined in one room along with Imran Akhtar who subjected her to. Zina, whereas accused Yousaf Gill and Mst. Lubna Lall performed their duty as watch dogs. During her confinement her signatures were obtained on blank stamp papers and Nikah forms. On 27-1-1999, she escaped from the clutches of said persons and returned to her house and lodged F.I.R. On 29- 1-1999. The petitioners Yousaf Gill and Mst. Lubna Lall along with Imran Akhtar moved pre-arrest bail applications which were dismissed by the learned Additional Sessions Judge vide order, dated 9-2-1999. Hence, the instant petition.
3. Arguments have been heard and record perused.
4. Contention of the learned counsel for the petitioners is that as per contents of F.I.R., occurrence took place on 9-10-1998 and abductee returned to her house on 27-1-1999. However, F.I.R. Has been lodged on 29-1-1999 at 12-00 in the night, that there is delay of 3 months and 20 days in lodging the F.I.R. From the initial occurrence and of 2-1/2 days from the date of return of alleged abductee to her house, that there is no plausible explanation of this inordinate delay, that Yousaf Gill petitioner is real paternal uncle of Imran Akhtar whereas Mst. Lubna Lall petitioner is his real sister and it does not stand to reason that both these persons shall be participating in an act of this nature, that actually the true facts are that alleged abductee contracted marriage with Imran Akhtar with her free consent and has been living with him, that having returned to her house, she has been made to lodge the said report which is tainted with mala fide, that petitioners have joined the investigation and have brought on record Nikahnama of the alleged abductee, that Imran Akhtar as well as the witnesses of Nikah have supported their contention regarding the said marriage that as the instant F.I.R., is the result of mala fide on the part of police so the petitioners are entitled to the relief sought by them and the learned Additional Sessions Judge was not right in disallowing the said relief to them.
6. Conversely, the learned counsel for the State assisted by the learned counsel for the complainant contends that alleged abductee was abducted with active role of the present petitioners and, thereafter, she was detained for 3-1/2 months and was subjected to sexual intercourse of Imran Akhtar co-accused of the petitioners who is still at large, that F.I.R., has been lodged as soon as she succeeded in escaping from the clutches of accused, that complainant was medically examined on 30-1-1999 wherein she is said to have received three injuries which clearly show that she was subjected to maltreatment at the hands of accused Imran Akhtar who is an absconder, that alleged marriage has taken place at Sheikhupura which is also in violation of provisions of sections 10, 11 and 12 of the Christian Marriages Act, 1872, as the marriage could only be registered within the jurisdiction of Lahore and if it could not be registered, then permission to that effect had to be obtained by the parties, that admittedly parties belong to Lahore as such marriage could only be registered at Lahore, that as per marriage certificate the same has been registered at Sheikhupura and this conduct of petitioners tells upon their bona fide. He, thus, submits that petitioners are not entitled to the extraordinary relief sought by them.
7. A perusal of F.I.R., reveals that petitioners have been assigned an active role in the abduction of complainant, they have also been assigned the role of providing A shelter to their co-accused Imran Akhtar while he has been committing Zina with the complainant. The factum of abduction stands corroborated by Sadiq @ Jugnoo P.W. Much stress has been laid on the point that Yousaf Gill being paternal uncle and Mst. Lubna Lall being real sister of Imran Akhtar, they cannot be a party to this nefarious act. Be that as it may, it is evident from the contents of F.I.R., that it was due to their presence with Imran Akhtar that the complainant chose to accompany them. Had the present petitioners, particularly Mst. Lubna Lall been not present with Imran Akhtar, the complainant might have hasitated to accompany them. Thus, the presence of petitioners played an active role in the commission of this offence. Besides this, the registration of marriage outside the jurisdiction also tells upon the bona fide of the petitioners as well as their co-accused Imran Akhtar.
8. In view of the facts stated above, the petitioners are not entitled to the relief sought by them.
Accordingly, petition fails and is hereby dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.