Law:

Section:

Criminal Procedure Code (V of 1898)---- ----S. 497---Penal Code (XLV of 1860), Ss. 365-B, 34 & 511---Kidnapping, abduction or inducing woman to compel for marriage and common intention----Bail, refusal of---Accused sought post-arrest bail on the ground that complainant had executed/sworn affidavit of "no objection" to the grant of bail in favour of accused---Complainant had named the accused in FIR and abductee was his real niece---Contention was that affidavit of "no objection" to the grant of bail had been sworn by the complainant amounted to exonerating of accused from the charge and it also amounted to retracting from the contents of FIR---Validity---Once the contents of FIR were shattered then the door would be open for all accused persons to take benefit of doubt at the trial or even at bail stage---Affidavit sworn by complainant in favour of accused at bail stage could not be considered as a case of free will and if it was so, it was the most shameful act of the complainant that he was ready to exonerate the accused in a crime of abduction of his real niece, knowingly---Accused was not pressing the bail application as the Court tried to dig out the real reasons for swearing affidavit in favour of accused by the complainant---Bail application was dismissed, in circumstances, as not pressed. THIS ORDER PASSED BY: NAZAR AKBAR, JUSTICE:----------- Mr. Mazhar Ali Laghari Advocate files Vakalatnama on behalf of the complainant, which is taken on record. Through the instant application, the applicant seeks post-arrest bail in Crime No.57 of 2015, registered with Police Station Tando Muhammad Khan, under sections 365-B, 511 and 34 P.P.C. on the ground that the complainant has sworn affidavit of no objection to the grant of bail in favour of the applicant. The complainant is present in Court. He has named the accused in the F.I.R. The abductee was his real niece. The very fact that the affidavit of no objection to the grant of bail has been sworn by the complainant amounts to exonerating the accused from the charge. It also amounts to retracting from the contents of the F.I.R. and once the contents of the F.I.R. are shattered the door would be open for all…

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