Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 310-A & 34---Constitution of Pakistan, Art. 9---Giving a female in marriage or otherwise in badal-i-sulh, common intention---Bail, refusal of---Accused persons were accused of giving hand of complainant in "Swara", without her will and consent in order to settle a dispute---Record revealed that a Jirga was convened, wherein the elders of the locality gave hand of complainant as "Swara" as per custom of the area---Practice of such tradition was mere derogation and disobedience of the law---Handing over a lady without her consent in such humiliating manner was not only against the Fundamental Right and liberty of human beings enshrined in the Constitution, but also against the importance and value of human beings given by Allah Almighty to the most imminent of created things ("Ashraful Makhluqat")---Record suggested that accused persons were involved in the commission of the offence and as such no ground existed in their favour entitling them for the concession of bail---Accused persons were refused bail accordingly. THIS JUDGMENT DELIVERED BY: MUHAMMAD DAUD KHAN, J.--- The accused/petitioners herein, after refusal of concession of bail by the Courts below, in case F.I.R. No. 170 dated 4-9-2013 registered at Police Station Shah Dherai, District Swat, under sections 310-A/34, P.P.C., seek their release on bail as such. 2. As per F.I.R. the accused/petitioners are charged for giving the hand of complainant Mst. Nazia as 'Swara' to one Sardar Hussain. As such, present case was registered vide F.I.R. referred above. 3. Perusal of the record would reveal that after refusal of police to enter report of the complainant, she approached the Chairman Public Safety and Police Complaints, Swat, who after hearing all concerned, directed the local police to record statements of complainant and her witnesses before the competent Court. Accordingly, on 4-9-2013 statements of complainant and her brother Umar Sadiq were recorded by the Judicial Magistrate, under section 164 Cr.P.C., which revealed that hand of complainant was given to Sardar Hussain in 'Swara', without her will and consent by the…

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