Law: Criminal Procedure Code (V of 1898)

Section: 498,345

Law: Penal Code (XLV of 1860)

Section: 365-B,34

Criminal Procedure Code (V of 1898)--- ----Ss. 498 & 345---Penal Code (XLV of 1860), Ss. 365-B & 34---Kidnapping, abducting or inducing woman to compel for marriage etc, common intention---Pre-arrest bail, confirmation of---Compromise---Accused persons had abetted/facilitated the principal accused---Alleged abductee had appeared before the Chief Court and stated that she had entered into compromise and had forgiven the accused persons in the name of Allah Almighty and that she had no objection if ad-interim pre-arrest bail already granted to accused persons was confirmed---Although, offence under S. 365-B, P.P.C., was not compoundable, however, compromise was a ground for grant of pre-arrest bail, as complainant party was no longer willing to prosecute the matter against the accused persons---Pre-arrest bail was confirmed, in circumstances. THIS JUDGMENT DELIVERED BY: ALI BAIG, JUSTICE:---.--- of above mentioned both the petitions namely Burhan Wali and Usman Ghani, have sought pre-arrest bail through these pre-arrest bail petitions filed under section 498, Cr.P.C. in case FIR No.07/2020, dated 14-01-2020, registered under sections 365-B/34, P.P.C., at Police Station Jutial, Gilgit. 2. Through this single judgment, I intend to dispose of both the above mentioned petitions, bearing Cr. M. No.16/2020 and Cr. M. No.22/2020, as both the petitions have been arisen from one and the same FIR bearing No.07/2020. 3. Succinctly, allegations against the petitioners are that on 14-01-2020, at 12:45 hours, the petitioners/accused have abetted/facilitated the principal accused namely Mashoq-ur-Rehman in abducting victim girl, namely Farhat Wali daughter of Shah Wali, from Jutial Gilgit. 4. The learned counsel for the petitioners has contended that the petitioners/accused have entered into compromise with the alleged victim/abductee. Now, the victim has forgiven the petitioners in the name of Allah Almighty and she has no objection if ad-interim pre-arrest bail already granted on 20-01-2020 and 23-01-2020 respectively are confirmed. 5. Conversely, the learned Deputy Advocate General has vehemently opposed this petition by contending that the offence under section…

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