' It is a bail application by the petitioner Surwaiz who is charged vide F.I.R. No,235, dated 26-7-2002 under sections 419/420/468/471, P.P.C. Police Station City Abbottabad.
2. Short facts of the case are that Mst. Naz Parveen wife of Hameed Khan reported to the Police Officer that her daughter Hamida Amir is the student of Second Year in Degree College No,1 and her husband Amir Khan is serving at Islamabad; that some 4 months ago he has reported against the petitioner Surwaiz son of Gulistan as he was threatening her for the hands of her daughter Hamida to be given to him otherwise he will murder them. The petitioner is posing himself as the husband of the said Hamida Amir although she had not given the hand of her daughter to the petitioner and in this behalf a suit for jactitation is pending in the Court of Judge, Family Court, Abbottabad. On these allegations a case was registered against the petitioner under sections 419/420/468/471, P.P.C. In Police Station City Abbottabad and he was arrested by the local police. He tried his luck for bail in the lower forums but with no success. Hence this petition.
3. Learned counsel for the petitioner argued that the factum of Nikah has been proved by Nikahnama and the Nikah Khawan Qalab Hussain has resiled from his affidavit which he has given in Court under dtfress, so the petitioner should be released on bail. In this behalf he cited so many judgments and stressed that the offences with which the petitioner is charged do not come under the prohibitory clause and that the petitioner remained in jail for 6 months. Further stated that the occurrence took place at Sherwan while the matter has been reported in Police Station City Abbottabad and after about 7 months no statement of any witness has been recorded. Counsel for the complainant refuted these arguments and stated at the bar that the Nikah Khawan is a young boy of 25/26 years. He further argued that the date of Nikahnama is 28-2-2002 while the entry of Register is that of 11-4-2002, i,e, after 45 days and argued that in presence of the affidavit produced by the Nikah Khawan petitioner is not entitled to the concession of bail. Learned State Counsel frankly conceded that in the event of the matter when the Nikah Khawan resiled from his affidavit the case becomes one of further inquiry.
4. I have heard the learned counsel at length and have scrutinized the available record. Admittedly, the Nikah Khawan had given an affidavit in the Court that he has received a sum of Rs,1,000 in lieu of the said Nikahnama and that the girl Hamida Amin was not present when he was scribing the said Nikahnama but later on he has sent an application to the Superintendent, District Jail, Abbottabad and resiled A from the said affidavit alleging that to be obtained under duress and pressure of the local police. In such circumstances the case of the petitioner has become one of further inquiry. Moreover, the offences with which the petitioner is charged do not fall under the prohibitory clause of section 497, Cr.P.C. In these circumstances, the petitioner is admitted to bail to the tune of Rs,2,00,000 with two sureties each in the like amount to the satisfaction of Ilaqa Judicial Magistrate.