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 Date of Order with signature of Judge and that of parties or

Order/Proceedings Order/proceedings counsel where necessary

07.04.2015 Mr.Abdul Samad Khan, Advocate

with the petitioners in person
Mr.Irfan Zia, Deputy Prosecutor-
General 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 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.
Criminal Miscellaneous No.2999-B of 2015 3

4. 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*