Law:

Section:

Criminal Procedure Code (V of 1898)---S.497(2)---Penal Code (XLV of 1860), S.365-B---Kidnapping woman to compel for marriage---Bail, grant of---Divergent stance of alleged abductee---Case of further inquiry---Three statements of alleged abductee were on the record which were contradictory to one another---Effect---Alleged abductee had taken divergent stands at different forums and the same had prima facie created serious doubt in prosecution story mentioned in F.I.R. and benefit of such doubt was to go in favour of accused---High Court expressed with concern that it had become routine that when girl/abductee joined her parents she took summersault from her earlier stance---Mere heinousness of offence was not a ground to refuse bail to an accused person who otherwise was entitled for the same relief---Case against accused called for further inquiry into his guilt within the purview of S.497(2), Cr.P.C.---Bail was allowed in circumstances. ORDER ABDUL SAMI KHAN, J.---Through this petition under section 497, Cr.P.C. Shamas Din petitioner has sought bail after arrest in case F.I.R. No. 194/13, dated 17-5-2013 registered at Police Station Sadar Pattoki, District Kasur in respect of an offence under section 365-B, P.P.C. 2. The learned counsel for the petitioner contends that the petitioner has been roped in this case by the complainant with mala fide intention and ulterior motives after joining hands with the local police by widening the net. There is a delay of six days in registration of F.I.R. which has not been explained by the complainant which clearly shows that F.I.R. has been got recorded with due deliberations and consultations. The petitioner is not named in the F.I.R. and his name has been introduced by the complainant through a supplementary statement on 26-5-2013 that too without any source. Such supplementary statement has got no vlue in the eyes of law. Mst. Khalida Bibi the alleged abductee has entered into Nikah with co-accused of the petitioner namely Ahmad Ali alias Kala according to her own free will and volition and the petitioner has committed no offence. The alleged abductee namely Mst. Khalida Bibi has also instituted a private compliant…

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