Case Details

Citation(s)
2020 SLG 786 2020 SLD 786 2020 PCRLJ 581

Criminal Miscellaneous (Bail Petition) No. 102 of 2019, decision Dated: 24-05-2019, hearing Date : 21-05-2019
ALI BAIG, JUSTICE
Dy. AG for the State. Raja Shakeel Ahmed for the Complainant.

ISLAMULLAH AND OTHERS

VS

THE STATE

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 365,365-A,368/34

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 365, 365-A & 368/34---Kidnapping or abduction with intent to secretly and wrongfully confine person, kidnapping or abduction for extorting property, valuable security etc, wrongful concealment or keeping in confinement kidnapped or abducted person---Bail, refusal of---Abductee, a minor child, was recovered from the possession of the accused persons, prima facie they were involved in the abduction of minor child---Every member of gang who abduct a person was equally and vicariously liable, in a case of abduction---Attribution of specific role was not a prime consideration, if the accused were allegedly members of a gang---Families of the abuctees, in such like cases, were held in terror and they always tried as long as hope remained alive to get the abdutee recovered, therefore, they were quite reluctant to go to police station because they fear for life of the abductee---Delay in lodging of FIR was a natural phenomenon in such like cases---Accused were, prima facie, connected with the commission of alleged offence therefore, they were not entitled for concession of bail---Petition having no merits was dismissed, in circumstances. THIS ORDER PASSED BY: ALI BAIG, JUSTICE: accused namely Islamullah, Ehsanullah, Jan Sher and Farooq Ahmed through the instant application filed under section 497, Cr.P.C. have sought post arrest bail in case FIR No. 52/2018 dated 08-9- 2018, registered under sections 365, 365-A and 368/34, P.P.C. at Police Stations KKH Chilas District Diamer. 2. Succinctly, allegations against the accused/petitioners as disclosed in the FIR are that the petitioners and their co-accused namely Ismail son of Gul Ahmed have abducted minor child namely Shamsullah son of Molvi Abdul Hakeem from his house situated at Talpan Chilas for ransom. 3. The learned counsel appearing on behalf of petitioners/accused contended that the petitioners/ accused are innocent and have falsely been implicated in this case by the police and complainant with mala fide intention. The learned counsel for the petitioners/accused further argued that there is (2) two days delay in lodging FIR,…
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