Case Details

Citation(s)
2013 SLG 2721 2013 SLD 2721 2013 YLR 1743
Lahore High Court
Criminal Miscellaneous No. 584-B of 2013, decided on 23rd January, 2013
SHAHID HAMEED DAR, J
Fahad Naveed for Petitioner. Ms. Muqadass Tahira, Addl. Prosecutor-General Punjab. Aslam S.-I. with record

MAQSOOD SHAHZAD

VS

The STATE and another

Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 497(2) & 161---Penal Code (XLV of 1860), Ss. 365-B---Kidnapping, abducting or inducing woman to compel for marriage etc.---Bail, grant of---Further inquiry---Implication based on supplementary statement of complainant---Complainant implicating accused on basis of his "firm belief"---Effect---Accused was alleged to have abducted the alleged abductee so as to snatch her gold ornaments and cash---Story mentioned in the F.I.R. appeared a bit vague, as the complainant merely showed his "firm belief" without hinting at any incriminating evidence, even against those accused persons, he had been named in the F.I.R.---Present accused was implicated in the case through a supplementary statement of the complainant, alleging that accused had made a telephone call to his brother and used derogatory language against him---Alleged abductee was still to be recovered and since arrest of accused there had been no progress towards her recovery---Case was one of further inquiry into guilt of accused---Accused was admitted to bail in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail, relief of---Scope---Relief of bail could not be withheld as a matter of punishment nor could one be left to rot in jail only to satisfy a complainant. ORDER SHAHID HAMEED DAR, J.---Maqsood Shahzad (petitioner) seeks bail after arrest in case-F.I.R. No.160/12 dated 16-3-2012 registered for an offence under section 365-B, P.P.C., at Police Station Nishatabad (Faisalabad). 2. Precisely, the prosecution-case as narrated by Muhammad Amjad Gill (complainant) is that his sister Mst. Sajida Parveen visited his house on 1-1-2011 and after an overnight stay she left for the house of her husband, being in possession of gold ornaments weighing 10 tolas and cash Rs.50,000; she did not reach the destination and disappeared in between; he repeatedly tried to contact his sister on telephone but he found it switched-off; he fetched the call-data and learnt that the SIM of the cell phone of his sister was used by accused Muhammad Ashiq, Arfan Ahmad and Shahzad Masih on various occasions; he showed firm belief that the aforesaid accused…
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