Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 34,496-A

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 496-A & 34---Enticing or taking away with criminal intent woman and common intention---Bail, grant of---Further inquiry---Complainant (father) alleged that accused had abducted and contracted Nikah with his daughter who was already married---Alleged abductee executed affidavit of her free-will while entering into marriage with the accused but after almost two months of said marriage, made statement against the accused recorded under S. 164, Cr.P.C.---Record revealed that alleged abductee appeared before High Court and she was taken away by her parents in collusion with police and thereafter she, under coercion, had stated contrary to the stance earlier taken by her in her affidavit as well as in her petition---Question as to her abduction required further probe and the same would be determined by the Trial Court at the time of recording evidence---Validity of Nikah was to be considered and decided by the Family Court and not by Criminal Court---Muslim sui-juris female could enter into marriage on her own free will and controversy regarding the validity of marriage fell within the exclusive domain of Family Court---Nothing had been recovered from the possession of the accused---Question as to which one of the two Nikahnamas was genuine required evidence and both parties could agitate their claim before the Court of competent jurisdiction, which called for further inquiry into the guilt of the accused as envisaged under S. 497(2), Cr.P.C.---Accused was admitted to bail, in circumstances. Muhammad Zahoor Ahmed v. The State 2010 PCr.LJ 113; Muhammad Akhter and another v. The State and another 2010 PCr.LJ 373; Amir v. The State and another 2010 PCr.LJ 961; Hafiz Abdul Waheed v. Mrs. Asma Jehangir and another PLD 2004 SC 219 and Tilla Muhammad v. The State and another 2011 YLR 2273 ref. THIS ORDER PASSED BY: MUHAMMAD SALEEM JESSAR, J.--- Through the captioned bail application, Applicant Ghulam Abbas Abro seeks his release on bail in Crime No.431/2017, under section 496-A/34, P.P.C., registered at Police Station SITE Super Highway Industrial Area, Karachi. The case has already…

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