Case Details

Citation(s)
2015 SLG 2745 2015 SLD 2745 2015 PLJ 1
Lahore High Court
Crl. Misc. No. 4248-B of 2014, decided on 8.9.2014.
SHAH KHAWAR, J.

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MUHAMMAD SHAFIQUE

VS

STATE and another--Respondents

Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), S. 365-B Bail, grant of--Further inquiry--Abductee contracted marriage prior to registration of FIR--Un-explained delay of one month and twenty days--Allegations were ill founded--Validity--All circumstances make case against petitioner as one of further inquiry within ambit of Section 497(2), Cr.P.C.--Petitioner was behind bars and no more required to police for further investigation--By keeping petitioner behind bars, will serve no useful purpose to prosecution. Order Muhammad Shafique, petitioner seeks bail after arrest in case FIR No. 151 dated 16.05.2014 under Section 365-B, PPC of the Pakistan Penal Code, 1860 registered at Police Station Chab Kalan, District Khanewal. 2. The allegation on the petitioner as well as other co-accused is that when complainant reached home, he was informed by his wife that present petitioner alongwith six co-accused armed with lethal weapons trespassed into his house and forcibly abducted his real daughter namely Mst. Fauzia for the purpose of committing zina. It is further mentioned in the FIR that previously same daughter of petitioner was abducted by petitioner and other co-accused and resultantly FIR No. 416/2013 was registered in the same Police Station. 3. Learned counsel for the petitioner in support of this petition contends that the petitioner has been falsely implicated in this case; that prior to the registration of present FIR, the alleged abductee namely Mst. Fauzia Bibi contracted nikah with one Umar Farooq on 24.03.2014; that in the same manner alongwith the petition, an application dated 27.03.2014 filed by the alleged abductee has been annexed showing that she moved an application before the learned Illaqa Magistrate for sending her to Darul Amman on the ground that she has contracted marriage with one Umar Farooq with her free will due to which her relatives have become inimical towards her. Further contended that petitioner was released from Darul Amman by the orders of learned Magistrate Sec-30, Vehari. 4. On the other hand, learned Additional Prosecutor General has vehemently opposed this…
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