Law: Criminal Procedure Code (V of 1898)

Section: 49

Law: Penal Code (XLV of 1860)

Section: 365-A

Law: Police Order (22 of 2002)

Section: 155(c)

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 365-A---Police Order (22 of 2002), Art. 155(c)---Kidnapping or abducting for extorting property, valuable security---Misconduct by police officers---Bail, grant of---Contradictory statements---Scope---Accused persons were alleged to have abducted complainant’s brother and demanded ransom amount---Place of abduction according to complainant was the abductee’s house whereas the abductee had described his residence at another district---Abductee in his statement under S. 164, Cr.P.C. had alleged that the accused persons had withdrawn certain amount from his account through ATM but no material was collected by the Investigating Officer in that regard---Complainant had alleged that he had received phone call for ransom from the cell number of abductee whereas the abductee had stated that the accused persons had never talked directly to his brother---Such contradictions had brought the case of accused persons within purview of further inquiry---Two of the co-accused persons having identical role were enlarged on pre-arrest bail, as such, the accused persons also deserved the same relief---Petitions for grant of bail were accepted, in circumstances. Ch. Farooq Mahmood Kahloon, Lala Nasir Ali Mughal and Rashid Sohail Mehar for the Petitioner (in Crl. Misc. No.47481-B of 2021). ORDER The Petitioners namely Muhammad Zubair Waseem (Criminal Miscellaneous No.47481-B of 2021) and Muhammad Qasim (Criminal Miscelleneous No.46985-B of 2021) seek their post-arrest bail in case FIR No.563, dated 12.05.2021, registered with Police Station City Daska, District Sialkot, under sections 365-A, P.P.C. and 155-C of The Police Order, 2002, being accused of abducting/kidnapping complainant’s brother Abdul Saim (aged about 24-years) and demanding ransom amount of Rs.300,000/-. This single order shall dispose of both the above-captioned petitions as the same have arisen out of same FIR. 2. Hon’ble Supreme Court in a latest judgment reported as ‘Jahanzeb and others v. State through A.G. Khyber Pakhtunkhwa Peshawar and another’ (2021 SCMR 63) expressed its view for considering the case of ‘further inquiry’ in a…

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