Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302,364,109,148,149

Criminal Procedure Code (V of 1898)---.--- ---.---S.497---.---Penal Code (XLV of 1860), Ss.302, 364, 109, 148 & 149---.---Qatl¬-e-amd, kidnapping or abduction---.---Bail, grant of---.---Case under S.364, P.P.C. was got registered on the suspicion of abduction of alleged abductee by accused party on the complaint of mother of the abductee---.---After long passage of time, accused were implicated on the basis of extrajudicial confession made by co-accused and Ss.302, 148 & 149, P.P.C. were added---.---Validity---.---Statement of one co-accused could not be used against other co-accused-Extra-judicial confession was also considered a weak type of evidence---.---Dead body of deceased was not recovered---.---Prosecution witness before whom accused allegedly made extra judicial confession, did not figure in the F.I.R.---.---Remotest chances of conviction of accused on the basis of extra judicial confession---.---Concession of bail, in such like cases, could not be withheld as a punishment---.---Submission of challan under S.173, Cr.P.C. before the Trial Court was not obstacle in granting the bail, if case for grant of bail was made out otherwise---.---Case of bail was made out under the principle of consistency---.---Co-accused having been allowed bail and case of accused was identical with co-accused, accused was admitted to bail, in circumstances. 2007 SCMR 1178 and PLD 1989 SC 585 rel. THIS ORDER PASSED BY: HAFIZ ABDUL REHMAN ANSARI, JUSTICE:---.--- Through this petition. the petitioner, namely, Muhammad Mushtaq Ali seeks post-arrest bail in case F.I.R. No. 93 of 2005 dated 23-6-2005 registered at Police Station Dehli Gate, Multan, under sections 302, 364, 109, 148, 149, P.P.C. on the complaint of Muhammad Sher, S.I. 2. Brief facts as narrated in the F.I.R. are that Mst. Tasneem daughter of Wahid Bukhsh got registered case vide F.I.R. No. 93 of 2005 dated 23-6-2005 at Police Station Dehli Gate, Multan under section 364, P.P.C. about the disappearance of his son, namely, Raja Moazzam. The complainant lady remained in search of her son. During this search, she received a parcel in the name of his son, namely, Raja Moazzam from one Mst. Maha daughter of Khan…

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