Law: Criminal Procedure Code (V of 1898)

Section: 498,497(2)

Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979

Section: 10/16

Criminal Procedure Code (V of 1898)--- ----Ss. 498 & 497(2)---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10/16---Pre-arrest bail, grant of---Further inquiry---Alleged abductee had not supported prosecution case and instead she clearly stated in her statement made under S.164, Cr.P.C. that she was not abducted by the accused and that she was wife of the accused---Nikah Nama produced on record had shown that alleged abductee and accused had contracted marriage---Police had recommended the case to be disposed of under B-class and the summary was pending before Magistrate for passing orders---Complainant could not prove that alleged abductee was already married to a person other than the accused---Said point, however could be examined at the time of trial when parties would lead evidence on their respective points---Case of accused requiring further inquiry within the meaning of S.497(2), Cr.P.C., accused was entitled to concession of bail. THIS ORDER PASSED BY: RAHMAT HUSSAIN JAFFERI, JUSTICE:---.--- Brief facts giving rise to the present pre-arrest bail application are that on 9-1-2004 at 5-00 a.m. the complainant Nisar Ahmed along with his family members including his daughter Mst. Nazia were sleeping in the house when the applicant along with three other persons including co-accused Gul Hassan armed with guns and pistols forcibly abducted Mst. Nazia aged about 14/15 years. The complainant, raised cries on which P.Ws. Abdul Hameed and Khalid Hussain arrived. Such F.I.R. was lodged as Crime No. 2 of 2004 at P.S. Waleed. The applicant moved pre-arrest bail application before the Sessions Court but the same was dismissed. Hence the present bail application. Learned Advocate for the applicant has stated that Mst. Nazia and Ayaz Ali are husband and wife as per Nikahnama dated 11-1-2004; that in her statement under section 164, Cr. P.C. she has stated that she was not abducted; that the police have recommended the case to be disposed of as B-Class and the summary is pending before the Magistrate for assign appropriate orders. He has further stated that Mst. Nazia is not a minor girl. Learned State Counsel has no objection to the grant of…

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