' Miran Bakhsh petitioner has moved this petition for cancellation of bail allowed to the respondents by this Court on 13-9-1977 in a case under sections 147, 148, 342, 452, 376 and 366/149, P. P. C. The bail was allowed on the ground that the alleged abductee Mst. Shahnaz Beguin after her recovery made a statement before Mr. Munawar Hussain Cheema, Magistrate 1st Class, Gujrat that she was not abducted by anybody.
2. The learned counsel for the petitioner contends that the above statement was made under duress as the accused persons were also present in the Court when Mst. Shahnaz Begnm was produced there. Be further submits that in her subsequent statement before the (Naga Magistrate she made another statement implicating the respondents and that after their release on bail the respondents are threatening the complainant and the mother and brother of the abductee and are bent upon abducting her again, therefore, their bail should be cancelled. On the other hand, the learned counsel for the respondents contends that according to the F. I. R. Mst. Shahnaz Begum was abducted on 20.7-1977 whereas actually she was in the Police look-up at Bhimber on that day in connection with a case under sections 494, 498 read with section 109, P. P. C., therefore, the prosecution version is absolutely false. He further contends that the F. I. R. Was lodged seven days after the alleged abduction and there is no reasonable explanation for this delay. He further submits that the alleged abductee made divergent statements in different Courts, therefore, it has been rightly observed in the order dated 13-9,1977 that the case falls under section 497(2), Cr. P. C.
And needs further enquiry..
3. I have gone through the relevant material placed before me. On 30-7-1977 Mst. Shahnaz Begum made a statement before Ch. Munawar Hussain Cheema, Magistrate 1st Class, Gujrat, to the effect that she had gone to Karachi with Nazar Karim respondent of her own free will and contracted marriage with him, and that she was not abducted by anybody. She further stated that her relatives got a case registered and she was recovered from Karachi whereafter her Nikah was performed with Muhammad Zaman against her will. However, in her statement before Magistrate 1st Class, Kharian, she stated that she was abducted by the respondents and one Munir Hussain and that Nazar Karim and Fazal Hussain respondents removed her golden bangles and also committed rap: with her. The alleged abductee made divergent statements at different stages, in one statement she exonerated the respondents and in the other she implicated them. She is a major girl and A it will be for the trial Court to determine whether she was abducted and raped or not. Abbas All v. State (1). In the circumstances there is no ground to re-call the order dated 13.9- 1977 and this petition is dismissed.
(1) 1976 SCMR 157