| Citation(s) |
|---|
| 2016 SLG 1893 2016 SLD 1893 2016 PHC |
Peshawar High Court
BA No. 1693 -P/2016, 20/09/2016
QAISER RASHID KHAN, J
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BA No. 1693 -P/2016, 20/09/2016
QAISER RASHID KHAN, J
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Noorullah & Another
VS
State
Law:
Section:
Keywords: Result: bail petition dismissed QAISER RASHID KHAN, J. The petitioners seek bail in case FIR No. 426 dated 28.6.2016 registered under section 363 PPC, 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 alongwith 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 he 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 indeed calls for further inquiry into the matter and thus entitling the accused/petitioners to bail. 4. The learned AAG opposed the bail petition tooth and nail and contended that the offence with which the accused/petitioners are charged is non-compoundable and moreover, the same is heinous in nature, hence they are not entitled to bail. Arguments heard and available record perused. 5. As the record reveals, it was during mobile gasht that the local police received information regarding kidnapping of a minor girl when they rushed to the spot where complainant, Haji Bahadar, reported about the incident whereby while present at his house, he was informed by the neighbourhood children regarding the forcible kidnapping of his niece , namely, Husna, aged about 3/4 years from the nearby street by three unknown persons and it was the prompt action of the police that the minor was recovered from the possession of the accused/petitioners and their co-accused. 6. Though the complainant party appears to have entered into a compromise with the accused party with the intervention of elders of the area, but in the case in hand, the minor girl was retrieved from the very…
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