Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 365-B---Kidnapping, abducting or inducing woman to compel for marriage---Bail, grant of---Delayed FIR---Existence of nikahnama---Failure to conduct medical examination of victim---Effect---Completion of investigation---Further inquiry---Scope---Accused persons were alleged to have abducted the daughters of complainant---Despite the fact that the daughters of complainant were abducted, the matter was reported to the police with a delay of 18 days---Nikahnamas appended with the bail petition showed that valid nikha existed between the alleged victims and accused persons---Sworn affidavits of alleged victims supported the factum of their nikahs---Alleged victims were never produced before any Medical Officer for medical examination so as to support the allegations leveled against the accused persons---Investigation qua accused persons was complete and their persons were not required for further investigation---Case of accused persons was one of further inquiry covered by S. 497(2), Cr.P.C.---Petition for grant of bail was accepted and the accused persons were admitted to post-arrest bail, in circumstances. Muhammad Azam v. Muhammad Iqbal and others PLD 1984 SC 95 rel. (b) Penal Code (XLV of 1860)--- ----S. 365-B---Kidnapping, abducting or inducing woman to compel for marriage---Disputed nikahnama---Determination of---Jurisdiction---Disputes relating to nikahnama have to be decided by Family Court. Muhammad Azam v. Muhammad Iqbal and others PLD 1984 SC 95 rel. (c) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Benefit of doubt---Scope---Benefit of doubt can be extended in favour of the accused even at bail stage. (d) Criminal Procedure Code (V of 1898)--- ----S. 497--- Bail--- Heinous nature of offence--- Scope--- Mere involvement of accused in a heinous offence is no ground for refusing bail to accused, who otherwise becomes entitled for the concession of bail. THIS ORDER PASSED BY: SADIQ MAHMUD KHURRAM, JUSTICE:---.---Though this petition filed under section 497, Cr.P.C., the petitioners namely Zubair and Perveez are seeking post-arrest bail in the case FIR No.398 of…

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