| Citation(s) |
|---|
| 2018 SLG 897 2018 SLD 897 2018 YLR 913 |
Islamabad High Court
Crl. Misc. No. 709/B of 2017, decision Dated: 15-11-2017.
MOHSIN AKHTAR KAYANI, JUSTICE
Muhammad Aslam Chaudhry for Petitioner. Ch. Manzoor Ahmed Kamboh for
Respondent No. 2.
Crl. Misc. No. 709/B of 2017, decision Dated: 15-11-2017.
MOHSIN AKHTAR KAYANI, JUSTICE
Muhammad Aslam Chaudhry for Petitioner. Ch. Manzoor Ahmed Kamboh for
Respondent No. 2.
MISS ROBINA TABUSAM
VS
THE STATE
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S. 497(1), third proviso---Penal Code (XLV of 1860), Ss. 302 & 365---Qatl-i-amd after abduction---Bail, grant of---Delay in trial---Principle---Petitioner had been behind bars for 3 years and delay was not occasioned due to act or omission of petitioner or any other person acting on her behalf---Accused was not directly nominated in FIR except she led recovery of dead body of deceased which was already in knowledge of investigating officer---Bail was allowed in circumstances. Mehtab Ahmed v. The State and others 2015 YLR 1132; Zarina Bibi v. The State and another 2013 PCr.LJ 1031; Khalida Akram v. The State 2007 PCr.LJ 875; Mst. Zainab v. The State 1999 PCr.LJ 238; Razia Bibi v. The State and others 2011 YLR 1008; Niaz Ahmed Khan v. The State 2017 MLD 1013; Muhammad Umer v. The State 2016 YLR Note 88; Muhammad Ijaz Khan v. The State and another 2017 MLD 1357 and Muhammad Riaz and another v. The State 2016 PCr.LJ 1206 rel. THIS ORDER PASSED BY: MOHSIN AKHTAR KAYANI, J.--- Through the instant petition, the petitioner seeks her post-arrest bail in case FIR No. 143, dated 27.02.2014, under sections 365, 302/34, P.P.C., Police Station Sabzi Mandi, Islamabad. 2. Brief facts of the instant case as referred in the FIR are that, complainant/ respondent No. 2 got lodged the instant FIR at Police Station Sabzi Mandi, Islamabad with the allegation that his son, who was working in National Assembly Secretariat, is missing since 21.02.2014 when he left his office for his home but he neither reached his home at Toba Tek Singh nor attended his office and his mobile phone was not responding. However on 22.02.2014, his son called at his home and informed that he is alright, thereafter, he is missing. On the complaint of respondent No. 2, FIR was registered whereafter the police arrested Muhammad Irshad, father of present petitioner, who disclosed the alleged incident of murder of son of respondent No. 2, namely Sakhi Sarwar, whereafter the police arrested the present petitioner on the supplementary statement of complainant and challaned her against the allegation of murder of deceased Sakhi Sarwar. 3. Learned counsel for petitioner…
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