The petitioner has applied for bail in case F.I.R. No.334 of 2002 under section 16 of Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 registered at Police Station City, Hasilpur.
2. The brief facts of the case are that Nazar Hussain, complainant stated before police on 3-9-2002 that he had performed 'Nikah' of his daughter, Mst. Shamim Akhtar with Muhammad Arif son of Muhammad Yasin but 'Rukhsati' had not taken place. He further stated that on 10-6-2001 Inayat Hussain (petitioner) took Mst. Shamim Akhtar from his house on the pretext that she was needed by her mother who happened to be admitted in the hospital. The complainant mentioned that during search Nawab Ali; etc. Told him that Inayat and others had taken away Mst. Shamim Akhtar in. a car. Fie asked Muhammad Amin and Jalal to return his daughter. The complainant mentioned that Inayat had abducted his daughter for committing Zina with her with the help of Muhammad Amin and others. He had also filed a writ petition about this occurrence. On his application case was registered against the petitioner and others.
3. I have heard the arguments and perused the record
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Further submits that according to F.I.R. Occurrence took place on 10-6-2001 whereas case was registered on 3-9-2002 which makes prosecution story doubtful. He contended that Mst.
Shamim Akhtar has contracted marriage with petitioner with her consent. He further contended that in exchange for the abductee, Mst. Shamim Akhtar, the accused had given the hand of his sister Mst. Khadija Bibi in marriage to the son of the complainant. He has also placed on record the 'Nikah Nama' of Mst. Khadija Bibi and submits that petitioner deserves concessional treatment and deserves to be released on bail.
5. On the other hand, learned counsel for the complainant as well as State have opposed this application on the grounds that petitioner abducted Mst. Shamim Akhtar and thereafter committed Zina-bil-Jabr with her; that petitioner never produced 'Nikah Nama' before investigating Officer during investigation of this case and that during investigating Mst. Shamim Akhtar made statement against him regarding abduction and Zina-bil-Jabr.
6. I have considered the submissions made by the learned counsel for the parties with care.
7. As mentioned above, the allegation against the petitioner is that he abducted Mst. Shamim Akhtar, daughter of complainant for committing Zina-bil-Jabr with her. During investigation Mst.
Shamim Akhtar, made statement that petitioner confined her at different places for a considerable period and committed Zina-bil-Jabr. Learned counsel for the State submits that during investigation petitioner never produced his alleged 'Nikah Nama' with abductee. As stated earlier, the allegation against the petitioner is that he abducted unmarried girl (daughter of Nazar Hussain; complainant). Learned counsel for the complainant submits that police had not registered case against the accused, therefore, complainant had filed a writ petition and thereafter present case was registered. The most important' aspect of this case is that petitioner did hot produce alleged 'Nikah Nama' even before this Court. So in the circumstances of the case delay in F. I. R. Seems to have been explained. Even otherwise, keeping in view peculiar facts and circumstances of the case delay alone is not sufficient for grant of bail to the petitioner.
8. It seems that after the abduction of Mst. Shamim Akhtar, the accused party agreed to give the hand of Mst. Khadija Bibi in marriage to the son of complainant as an act of appeasement. The very fact that ' Watta Satta' arrangement was attempted to be made quite clearly indicates that the initial taking away of Mst. Shamim Akhtar was an illegal act and was intended to commit Zina with her. Although it is the plea of the petitioner that a valid marriage had taken place between' him and Mst. Shamim Akhtar yet no documentary, proof thereof was either made available during the course of investigation or before the learned Court below. Even before this Court no such 'Nikah Nama' has been placed on the record. In these circumstances, I do not find, it a fit case for grant of bail to the petitioner and application brought by him is accordingly dismissed. However, trial Court is directed to conclude the trial expeditiously.