Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 161,364/34

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 161, 364/34--Allegation of--Abduction--Post-arrest bail, grant of--Statement of abductee--Contracted nikkah voluntarily--Bail was granted to co-accused--Principles of consistency--Position and following principles of consistency, instant petition is allowed and petitioner is enlarged on bail after arrest subject to furnishing bail bonds in sum of Rs. 1,00,000/- (Rupees One Hundred Thousand Only) with one (01) surety in like amount to satisfaction of Trial Court, however, Trial Court is directed to conclude trial within a period of three (03) months from date of this order--It is clarified that observations made hereinabove are tentative in nature and shall not prejudice Trial Court at time of trial--Petition was allowed. [P. 218] A 2018 PCr.LJ 453, 2018 MLD 899 2018 PCr.LJ 1025. Order Through the instant petition, the petitioner seeks bail after arrest in case F.I.R. No. 74 of 2019, dated 27.02.2019, for offence under Section 364/34, P.P.C., Police Station Lohi Bhair, Islamabad. 2. The case of the prosecution against the petitioner is that on the complaint of Respondent No. 2, an F.I.R. was registered in which it was alleged that the petitioner along with others have abducted the minor daughter of the complainant. 3. The petitioner filed bail after arrest before the learned Judicial Magistrate (East), Islamabad, which was dismissed, vide order dated 14.05.2019. The petitioner also applied for bail after arrest before learned Additional Sessions Judge-East, Islamabad, which was also dismissed, vide order dated 30.07.2019. 4. Learned counsel for the petitioner, inter-alia, contended that the alleged abductee contracted Nikkah voluntarily with him; that wrong provision has been added in the F.I.R. and the offence alleged is not attracted; that the investigation stands concluded and the trial has commenced. It was also contended that one of the co-accused of the petitioner was granted bail by this Court i.e. Ghulam Mustafa vs. The State and another (Criminal Misc. No. 218/B of 2019). 5. Learned State Counsel along with counsel for the complainant, inter-alia, contended…

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