2015lhc1630.pdf

Form No. HCJD/C-121

ORDER SHEET LAHORE HIGH COURT, LAHORE

JUDICIAL DEPARTMENT Criminal Miscellaneous No.2999-B of 2015 Muhammad Hassan and another Petitioner versus

The State etc. Respondents S. No. of Order/Proceedings

Date of Order/proceedings

07.04.2015

Order with signature of Judge and that of parties or counsel where necessary

Mr.Abdul Samad Khan, Advocate with the petitioners in person Mr.Irfan Zia, Deputy ProsecutorGeneral for the state alongwith Muhammad Yar ASI with record Mr.Gulzar Hussain, Advocate for the complainant

Through this petition under section 498 Cr.P.C. the petitioners have sought bail before arrest in case FIR No.561/2014 dated 21.12.2014 under sections 365 PPC, registered at Police Station Qaboola, District Pakpattan Sharif.

2.

I have heard the learned counsel for

the parties and have also gone through the record of this case with their able assistance. This is bail before arrest and only tentative assessment is allowed at this stage. It has been noticed by this Court that there is a delay of six days in the registration of FIR which has not been explained by the complainant. Admittedly Liaqat Ali son of Mst. Bashiran Bibi (present alleged abductee) had

Criminal Miscellaneous No.2999-B of 2015

2

contracted marriage with the daughter of petitioner No.1 on 14.12.2014 against the wishes of her parents. The petitioner party got registered case FIR No.89/2015 dated 07.02.2015 under section 365-B PPC, section 376 PPC was added subsequently, at Police Station Haveli Lakha, District Okara, against the complainant party. Prima facie it appears that the instant FIR has been lodged against the petitioners in order to counter the above-mentioned criminal case. The alleged abductee Mst. Bashiran Bibi has got recorded her statement under section 161 Cr.P.C. in which she levelled allegation that after abduction she was severely beaten by the petitioners but there is no MLC available on record to prove this allegation. False implication of the petitioners by the complainant in this case in connivance with the police cannot be ruled out of consideration. Admittedly the petitioners are previous nonconvicts and never involved in any other case. No useful purpose would be served by sending them behind the bars.

3.

For what has been discussed above,

the ad-interim pre-arrest bail already granted to the petitioners

vide

this

Court’s

order

dated

06.03.2015 is hereby confirmed subject to their furnishing bail bonds in the sum of Rs.50,000/(Rupees fifty thousand only) each with one surety each in the like amount to the satisfaction of the learned Trial Court.

Criminal Miscellaneous No.2999-B of 2015

4.

3

The observations made above are

tentative in nature and are strictly confined to the decision of this bail petition only.

(Abdul Sami Khan) Judge

APPROVED FOR REPORTING.

(Abdul Sami Khan) Judge *IFTIKHAR*