Law: Criminal Procedure Code (V of 1898)

Section: 497,firstproviso

Law: Pakistan Penal Code, 1860

Section: 365,365A,395,411

Criminal Procedure Code (V of 1898)--- ----S. 497, first proviso---Penal Code (XLV of 1860), Ss. 365, 365-A, 395 & 411---Kidnapping or abducting with intent secretly and wrongfully to confine person, kidnapping or abduction for extorting property, valuable security etc., dacoity, dishonestly receiving property stolen---Bail, grant of---Female-accused---Evidence regarding demand of ransom not collected---Effect---Accused-females were alleged to have snatched valuables from the complainant and also demanded ransom money from him---Investigating Officer admitted that no evidence regarding demand of ransom had been collected; that all concerned officers and prosecuting agency had discussed the matter and formed the view that no case under S.365-A, P.P.C. was made out---Even otherwise accused-females were entitled to be enlarged on bail as of right in view of first proviso to S. 497, Cr.P.C.---Accused-females were admitted to bail accordingly. ORDER MAHMOOD AHMAD BHATTI, J.---The petitioners seek post-arrest bail in a case F.I.R. No.273 dated 30-5-2013 registered under sections 395, 365 and 411, P.P.C. at P.S. City Chichawatni, District, Sahiwal. 2. The allegation against the petitioners is that they along with their co-accused snatched cash and mobile phone from the complainant and also demanded ransom money from him. 3. Learned counsel for the petitioners contends that the petitioners have been falsely involved in the case; that no specific role is attributed to them except that they are wife, mother and daughter of the male accused; that the petitioners are entitled to be released on bail as a matter of right under the first proviso to section 497, Cr.P.C.; that the petitioners have been behind the bars since 24-10-2013; that the investigation is complete and the petitioners are no more required for this purpose. 4. Mr. Muhammad Ali Shahab, learned DPG has vehemently opposed the granting of bail to the petitioners, contending that it is a case attracting the provisions of section 365-A, P.P.C., and the police have wrongly registered the case under section 365, P.P.C. He has invited the attention of the Court to the order dated 16-11-2013 passed by a learned…

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