Muhammad Ashraf Vs The State

JUDGMENT SHEET

PESHAWAR HIGH COURT , ABBOTTABAD BENCH

JUDICIAL DEPARTMENT

Cr.Misc.(B.A.)No.3 I 3-A/2020

JUDGMENT

Date of hearing 27-01-2020 Petitioner (s)... (Muhammad Ashrafl by Malik Amjad Ali., Adyocale...

Respondent (s) (The State) by Sardar Muhammud Asif. Assislant Advocate General and Musootl-ur- Rehmon Tanoli, Advocate ........

AHMAD ALI J.- After havin g been refused post arrest bail to accused-petitioner, Muhammad Ashraf son 01- Muhammad Azram. in case FIR No.419 dated 23.04.2019 under sections 365-8 of Pakistan Penal Code, 1860 registered at Police Station Ilavelian, District Abbottabad, by the leamed lower Court, he seeks the same relief from this Court by filing instant post arrest bail petition.

2 Dildar Khan son of Muhammad Afsar

Khan on 23.04.2019 submitled an application to thc Incharge Police Post Rajoyia to the effect that his daughter Mst. Sawaira Bibi aged about 19/20 years was rnarried to Zubair resident of Banda Sahib Khan, however, due to strained relations with her husband, she was residing in his house for the last six months;

that on 20.04.2019 at'Sham Wiala' she was found

missing, for which he searched her and now he is satisfied that her daughter was abducted by Sharafat Khan alias 'Titu' son of Dildar Khan alongwith another unknown person in Suzuki Carry No.6230- Rawalpindi for the purpose of 'zina'; that his daughter also took away cash amount of Rs.35,000/- and three ' tolas ' gold, which may also be recovered.

3.Arguments heard. Record perused.

4.It transpires from the record that initially the complainant has charged Sharafat Khan alias l'i1u alongwith another unknown person, who was later on traced as Zahid son of Ali Astan, for abduction of his daughter, Mst. Sawaira Bibi. However, this version was subsequently changed by the complainant in his state ment under section 164 Cr.P.C recorded on 03.06.2019, wherein, he charged one Faizan and V present accused/petitioner for abduction of his daughter. Sharafat Khan and Zahid were released on bail by this Court vide orders dated 20.09.2019 and 01.10.2019, respectively. Now, again the present accused/petitioner alongwith his co-accused Faizan were charged by the complainant on the basis of his satisfaction but no source has been disclosed by him in this respect. Admittedly, the present accused/petitioner alongwith his brother Faizan has

been charged only on the basis of CDR date. At the moment, no independent ocular or strong circumstantial evidence is available on record to connect the accused/petitioner with the offence of abduction o1- Mst. Sawaira Bibi. Moleover. rhe divergent statements of complainant made the entirc case ol the prosecution doubtful, beneflt whereof can be extended to the accused/petitioners even at bail stage. Reliance can be placed on 2018 P.Cr.L.J 173 and 2019 YLR 1617 Similarly, the co-accused have alrcady been admitted to bail by this Cour1, thus, under the principle of consistency, accused/petitioner also becon.re entitled to the same reliei 5 Aparl from the above, it has been held time and again by the august Supreme Courl that bail does not mean acquittal ofaccused but only change ol custody from Govemment agencies to the suretres, # who on flrnishing bonds take responsibility to produce the accused whcncver and wherevcr rcquired to be produced. Reliance could be piaced on case repofied in 2008 SCMR 807 "Haii Muhammad Nazir Vs State".

6 Before parling with this order, this court finds it necessary to mention that all the obseruations recorded above are tentative assessment just for the

disposal of bail petition and no1 intended to influence the mind of trial Court, which is free to appraise the evidence strictly in accordance with law and merits of the case.

7.So, by cutting the cackle, on tentative assessment of material available on file, a case for the grant of bail is made out. Consequently, this bail application is allowed and accused-pctitioncr, nanrcd above, is admitted to bail provided he fumishes bail bonds in the sum of Rs.200,000/- (Two lacs) with two sureties each in the like amount to the satisfaction of IltaqalDuty Judicial Magistrate, concerned, who shall ensure that the sureties are local, reliable and men of means.

Dt.2 7-04-2020.

JUDGE

\l.Salcem/"

1s8) Mr. Jtshce Ahnad lli