Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302/311/324/452/365/337-A(ii)/148/149

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 302/311/324/452/ 365/337-A(ii)/148/149—Non-recovery of the abductee--Post Arrest bail--Dismissal of--Petitioner being the father of the alleged abductee appears to have had the real motive for the commission of the alleged offence--Non-recovery of the alleged abducte, despite the lapse of a period of about five months since the day of occurrence, is a serious matter--Inspector general of police is directed to personally look into the matter and depute a police officer to ensure the recovery of the alleged abductee--The petition is found meritless dismissed. ORDER Syed Mansoor Ali Shah, J.--The petitioner seeks leave to appeal against an order of the Islamabad High Court, dated 28.03.2023, whereby the High Court has dismissed his application for post-arrest bail in case FIR No. 01/2023 registered at Police Station Aabpara, Islamabad, for the offences punishable under Sections 302, 311, 324, 452, 365, 337- A(ii), 148 and 149 of the Pakistan Penal Code 1860 (“PPC”). 2. Briefly, the facts as alleged in the crime report (FIR) are that the petitioner, Hilal Khattak, and the complainant, Akbar Ali, are paternal cousins. The petitioner’s daughter, Rabia Khattak, married the complainant’s son, Talha Akbar, without the consent of the petitioner. On 1st January 2023 in the early hours of the morning at about 06:45, the petitioner along with some other persons, all armed with pistols, trespassed into the complainant’s house by scaling over the wall of the house. Some of them besieged the complainant and his family members at gunpoint. The petitioner and another person (allegedly Tufail Khattak, brother of the petitioner) dragged Rabia Khattak into the street by grabbing her hair. Talha Akbar attempted to rescue her, but was shot in his left ribs by the other person. He fell down injured and later on succumbed to his injury. The petitioner made a fire at the complainant, which however did not hit him. Another person, accompanying the petitioner, injured the complainant’s younger son, Huzaifa, on his head. The petitioner and other persons then took Rabia Khattak with them. 3. On…

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