Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 337-F(iv),354,447,452,459,506

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.506, 452, 459, 447, 354 & 337-F(vi)---Criminal intimidation, house trespass after preparation for hurt assault or wrongful restraint, criminal trespass, causing grievous hurt while committing lurking house trespass or house breaking, assault or criminal force to woman with intent to outrage her modesty, causing Munaqqilah---Bail, refusal of---Complainant who was wife of accused, filed suit for recovery of annulment of Nikah, recovery of dower and maintenance allowance---Accused entered the house of his in-laws, where the complainant/wife was residing, for her criminal intimidation in order to avoid appearing before the Family Court---Accused caught hold her collar, torn her shirt, beaten her harshly and injured different parts of her body---Accused repeated the offence and while entering house of in-laws where he in presence of mother and sisters of the complainant assaulted the complainant by using criminal force against her with the intention to outrage her modesty---Medical evidence showed that the injury had been caused with blunt weapon falling under S. 337-F(vi), P.P.C., which invited punishment of the daman and could also be punished with imprisonment of either description for a term which could extend to seven years as Ta'zir and was not bailable. Umar Hassan and another v. The State and another 2009 YLR 588; Zahir Nawaz and 2 others v. Nazia Bibi and 2 others 2010 PCr.LJ 1806; Muhammad Riaz alias Dinga and others v. The State and another 2011 PCr.LJ 615; Muhammad Zaffar Shah v. The State and another 2011 MLD 1032; Sanwan v. The State 2012 MLD 1956; Muhammad Arif v. The State and another 2009 YLR 2299; Muhammad Zakriya and another v. The State and another 2009 PCr.LJ 389; Khan Zada v. The State 2012 PCr.LJ 1883; Adil Khan v. Gul Nazir and another 2014 MLD 390 and Muhammad Zahid and another v. The State 2012 YLR 1903 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Repetition of offence---Bail, refusal of---Repetition of same offence tantamount to act of barbarism---Offence committed by the accused entailed maximum punishment of seven years---Repetition…

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