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Petitioner: LIAQAT ALI VS Respondent: STATE
1994 M L D 1298
1994 M L D 1298
[Lahore]
Before Falak Sher, J
LIAQAT ALI ---Petitioner
versus
THE STATE---Respondent
Criminal Miscellaneous No.4673/B of 1993, decided on 10th January, 1994.
Criminal Procedure Code (V of 1898)---
----S. 497(1)---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.11---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.14---Bail, grant of ---Nikah solemnised in a remote village of a different district without participation of any relation of the abductee did not represent normally of events ---Abductee after her recovery in her statement under S.164, Cr.P.C. had affirmed the prosecution story and had also sought jactitation of marriage averring forcible procurement of her signatures on certain documents including the Nikahnama---Reasonable grounds, thus, existed to believe the involvement of accused in the offence charged which fell within the prohibition contemplated by S.497(1), Cr.P.C.---Bail was declined to accused in circumstances.
Mian Munawar Hussain for Petitioner.
Malik Rehmat Khan Awan for the State.
Date of hearing:. 10th January, 1994.
ORDER
Petitioner accused of the case registered vide F.I.R. No. 150 of 21-6-1993 under section 11 of Offence of Zina (Enforcement of Hudood) Ordinance 1979 read with section 14 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 at Police Station Sarai Mughal, District Kasur alleging abduction of the complainant's young unmarried sister- in-law Mst. Khalida Bibi on 15-6-1993 around 9 a.m. by the petitioner conjunctively with his immediate relations spiriting her away in a car alongwith ornaments worth Rs.28,000 and a cash of Rs.5,400 for illicit fornication has sought post-arrest bail contending solemnisation of Nikah with the alleged abductee on 20-6-1993.
2. With which I am not persuaded because not only the alleged Nikah solemnised in a remote village of Mangtanwala, Tehsil Nankana Sahib, District Sheikhupura while the parties hailing from a distantly located place of Tehsil Pattoki, District Kasur without participation of any of the abductees' relations does not represent normalcy of the events but also the latter consequent upon her recovery on 18-7-1993 in her statement before Magistrate's Court under section 164, Cr.P.C. affirmed the prosecution story in addition to seeking jactitation of marriage averring forcible procurement of her signatures on certain documents including Nikahnama, which, prima facie constitute reasonable grounds for believing petitioners involvement in the offence charged falling within the prohibition contemplated by section 497(1), Cr.P.C. renders him disentitled to the sought for concession. Resultantly the same is hereby dismissed.
N.H.Q./L-63/L Bail declined.