Wednesday, 10 February 2016

Six Days Delay in Lodging FIR

PLJ 2015 Cr.C. (Lahore) 412
Present: Abdul Sami Khan, J.
versus
STATE and another--Respondents
Crl. Misc. No. 2999-B of 2015, decided on 7.4.2015.
----S. 498--Pakistan Penal Code, (XLV of 1860), S. 365--Bail before arrest--Confirmed--Tentative assessment was allowed--There was a delay of six days in registration of FIR which has not been explained by complainant--Son of present alleged abductee had contracted marriage with daughter of petitioner against wishes of her parents--Petitioner party got registered case u/S. 365-B, PPC, Section 376, PPC was added subsequently, at Police Station against complainant party--Prima facie it appeared that instant FIR has been lodged against petitioners in order to counter above-mentioned criminal case--Alleged abductee has got recorded her statement u/S. 161,Cr.P.C. in which she levelled allegation that after abduction she was severely beaten by petitioners but there was no MLC available on record to prove this allegation--False implication of petitioners by complainant in this case in connivance with police cannot be ruled out of consideration--Admittedly petitioners were previous non-convicts and never involved in any other case--No useful purpose would be served by sending them behind bars--Bail confirmed.         [Pp. 413 & 414] A
Mr. Abdul Samad Khan, Advocate with Petitioner in person.
Mr. Irfan ZiaD.P.G. for State.
Mr. Gulzar HussainAdvocate for Complainant.
Date of hearing: 7.4.2015.
Order
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, DistrictPakpattan 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 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 non-convicts 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.
4.  The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only.
(A.S.)  Bail confirmed

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