Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 363---Kidnapping of minor from lawful guardianship---Bail, refusal of---Accused-petitioners and their co-accused allegedly kidnapped the minor niece of the complainant aged 3/4 years---Accused-petitioners alleged that compromise had been effected between the parties through compromise deed---Complainant party had satisfied themselves about the non-involvement of accused-petitioners in the commission of offence and their innocence---Offence was non-compoundable and plea of accused-petitioners about their innocence and non-involvement in the kidnapping of minor would be considered at the time of trial---Minor girl was retrieved from the custody of the accused-petitioners and their co-accused by the timely and swift action of the police---Accused-petitioners, were prima facie linked with the commission of the offence, which was not only serious and heinous in nature but also non-compoundable---Accused were refused bail in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Principles---Observa-tions recorded in bail granting order are tentative in nature, which would not prejudice the proceedings before the Trial Court. THIS JUDGMENT DELIVERED BY: QAISER RASHID KHAN, J.--- The petitioners seek bail in case FIR No. 426 dated 28.6.2016 registered under section 363 P.P.C., Police Station Zaida District Swabi after the said relief was declined to him by the learned court below. 2. As per the allegations contained in the FIR ibid, the accused-petitioners along with their co-accused Rehman Ali had abducted the minor niece of the complainant aged 3/4 years. 3. At the very outset, the learned counsel for the petitioners produced two affidavits/compromise deeds of the complainant, Haji Bahadar, and Fazal Ullah, father of the minor, whereby they have privately patched up the matter with the accused/petitioners. He mainly relied on the compromise between the complainant and the accused party and also contended that once the complainant party has satisfied themselves about the non-involvement of the accused/petitioners in the commission of the offence then the matter…

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