| Citation(s) |
|---|
| 2013 SLG 2913 2013 SLD 2913 2013 YLR 2648 |
Lahore High Court
Criminal Miscellaneous No. 8053-B of 2013, decided on 16th August, 2013
ABDUL SAMI KHAN, J
Nazar Abbas Sayed for Petitioner. Muhammad Akhlaq, Deputy Prosecutor-General for the State and Hasnain Raza, Constable with record. Tanveer Hussain Hanjra for the Complainant
Criminal Miscellaneous No. 8053-B of 2013, decided on 16th August, 2013
ABDUL SAMI KHAN, J
Nazar Abbas Sayed for Petitioner. Muhammad Akhlaq, Deputy Prosecutor-General for the State and Hasnain Raza, Constable with record. Tanveer Hussain Hanjra for the Complainant
Mrs. SARDARAN BIBI and 2 others
VS
The STATE and another
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), S.365-B---Kidnapping, abducting or inducing woman to compel for marriage, etc.---Bail, before arrest, grant of---Delay of one month and twenty-eight days in registration of the F.I.R., had not been explained by the complainant---Alleged abductee in her statement recorded under S.161, Cr.P.C., had refuted the allegations mentioned in the F.I.R.; and had stated that she had contracted marriage with the accused, of her own free will and volition; and that nobody had abducted her---Even in her statement recorded under S.164, Cr.P.C. by the Special Judicial Magistrate, alleged abductee had refuted her abduction and affirmed factum of her Nikkah with accused---Complainant seemed to have spreaded net wide, just to entangle the whole family of accused in the case---Accused persons, who were previous non-convict, were never involved in any criminal case---Accused persons, having already joined the investigation, sending them behind the bars, would not serve any beneficial purpose---False implication of accused, could not be ruled out of consideration, in circumstances---Ad interim pre-arrest bail already allowed to accused persons, was confirmed, in circumstances. ORDER ABDUL SAMI KHAN, J.---Through this petition under section 498, Cr.P.C. Mrs. Sardaran Bibi, Akbar and Jafar petitioners have sought bail before arrest in case F.I.R. No. 232 of 2013, dated 5-6-2013 registered at Police Station Sadar, Chiniot in respect of an offence under section 365-B, P.P.C. 2. The learned counsel for the petitioners contends that the petitioners are innocent and they have been involved in this case by the complainant with mala fide intentions and ulterior motives. There is a delay of one month and twenty-eight days in registration of the F.I.R. which has not been explained by the complainant which shows that the F.I.R. has been got recorded after due deliberations and consultations. As a matter of fact Mst. Abida Bibi, the alleged abductee had contracted marriage with Imran alias Maani with her free will and volition and without the consent of her parents and for that reason a matrimonial issue has been…
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