Law:

Section:

Criminal Procedure Code, 1898 (V of 1898) ------ ------ ------ S. 498 ------ Pakistan Penal Code, 1860 (XLV of 1860) ------ S. 365-B & 376 ------ Bail before arrest, confirmed ------ Zina bil jabr ------ Abduction ------ Forced to marry with co-accused and got thumb impression/signatures on different papers ------ Question of authenticity of nikah ------ Validity ------ Evidentiary status and veracity of alleged Nikah Namas would be ascertained by trial Court after evaluation of prosecution evidence ------ Though ipse dixit of police is not binding upon Court but same can be taken into consideration at bail stage in peculiar circumstances of case particularly when other party has not challenged before higher forum ------ Petitioner has joined investigation ------ Nothing is to be recovered from her ------ Petitioner is woman, having not been assigned any overt act except allegation of facilitation ------ Court while deciding petition can examine accusation, report of investigation agency and even can touch prima facie merits of case ------ All above referred facts rendered case of petitioner as further inquiry and element of ulterior motive, malice on party of complainant cannot be ruled out ------ Application is allowed. [Pp. 331 & 332] A, B & C 2016 SCMR 18, rel. THIS ORDER PASSED BY: KHALID MAHMOOD MALIK, JUSTICE:---.--- Through this petition, Mst. Anwar Bashir petitioner seeks pre-arrest bail in case F.I.R No. 33, dated 4.2.2016, registered under Sections 365-B/376, PPC at Police Station City Kabirwala, District Khanewal. 2. Precisely, the allegation against petitioner as embodied in the F.I.R. is that she and her co-accused abducted Mst. Saima Bibicomplainant abductee. Muhammad Imran co-accused committed zina bil jabr with the abductee. 3. Learned counsel for petitioner has advanced his arguments on lines and grounds as described in the bail petition and prayed for confirmation of ad-interim pre-arrest bail already granted to petitioner. 4. Conversely, learned A.P.G assisted by learned counsel for complainant opposed the bail petition and contends that petitioner is nominated in F.I.R with specific role; that sufficient incriminating material…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492