| Citation(s) |
|---|
| 2010 SLG 2950 2010 SLD 2950 2010 PCRLJ 1782 |
Lahore High Court
Criminal Miscellaneous No. 3409-B of 2009, decision Date : 29th September, 2009.
HAFIZ ABDUL REHMAN ANSARI, JUSTICE
Raja Khalid Asghar for Petitioner.
Criminal Miscellaneous No. 3409-B of 2009, decision Date : 29th September, 2009.
HAFIZ ABDUL REHMAN ANSARI, JUSTICE
Raja Khalid Asghar for Petitioner.
MUHAMMAD ILYAS
VS
THE State
Law:
Section:
Criminal Procedure Code (V of 1898)---.--- ---.---S.497(2)---.---Penal Code (XLV of 1860), Ss.365-B & 376---.---Kidnapping and rape---.---Bail, grant of---.---Further inquiry---.---Name of accused did not figure in the F.I.R., but he was later on implicated in the F.I.R. through supplementary statement recorded after registration of F.I. R. which was belated---.---False implication of accused could not be ruled out---.---Accused was implicated being servant of main accused against whom allegation of commission of zina was levelled who was not accused before the court---.---Challan of the case had been submitted and accused was no more required for any investigation or recovery---.---Alleged abductee had reached her home---.---Keeping accused behind the bars as punishment would not fulfil any useful purpose---.---No role of accused for commission of the offence was mentioned in F.I.R.---.---Such being a case of further inquiry, accused was admitted to bail in circumstances. THIS ORDER PASSED BY: HAFIZ ABDUL REHMAN ANSARI, JUSTICE:---.--- At the instance of Muhammad Ramzan son of Faiz Bakhsh, respondent No. 2, case F.I.R. No. 294 dated 12-6-2009 was registered against the petitioner and others at Police Station Muzaffarabad Multan, for an offence under section 365-B, P.P.C. and section 376, P.P.C. was also added. 2. The story narrated in the F.I.R. is that on 7-6-2009, Kiran niece of the complainant went out for preparing a photocopy of NIC when she did not return, the complainant started searching her the P.Ws. told him that they had seen the niece of the complainant going with Bilal and three unknown persons riding on a rickshaw after her return the abductee implicated the petitioner for her abduction. 3. The petitioner in the first instance applied for post arrest bail before the learned Sessions Judge, Multan, which was dismissed on 14-7-2009 by the Additional Sessions Judge. Through this petition under section 497, Cr.P.C. the petitioner seeks post arrest bail. 4. The learned counsel for the petitioner contends that the petitioner is innocent and has been falsely involved in this case that he is not nominated in the F.I.R. Further states that the…
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