Law: Pakistan Penal Code, 1860

Section: 496-A

Law: Criminal Procedure Code (V of 1898)

Section: 497

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 496-A--Offence u/S. 496-A, PPC prescribes sentence of seven years, thus not falls within ambit of prohibitory clause--Offence u/S. 496-A, PPC prescribes sentence of seven years--The Courts, in such like cases where an offence falls within non-prohibitory clause, consider favourably by granting bail as a rule but decline to do so in exceptional cases--As far as exceptional circumstances are concerned those are to be taken into consideration depending upon each case.[P. 1482] A PLD 2017 SC 733. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), S. 496-A--Post-arrest bail, grant of--Allegation of--Abducted women for purpose of committing zina--Prima facie, prosecution has no sufficient incriminating material to connect petitioner with commission of alleged offence and same definitely leaves room for further inquiry into guilt of petitioner has been falsely implicated in this case--Similarly, conduct of complainant with respect to tendering affidavit in favour of Sadaqat Ali co-accused, has also made case of prosecution of doubtful in nature is behind bars since his arrest and is no more required for further investigation and concession of bail could not be withheld by way of premature punishment. [Pp. 1483 1484] B, C D 2012 SCMR 1137, 2014 SCMR 1347, 2019 SCMR 1458, 2020 SCMR 417, 2021 SCMR 2011 2019 SCMR 1914. ORDER Through the captioned bail application, petitioner Ayaz Ahmad entreats post-arrest bail in a case F.I.R. No. 96/2021 dated 11.03.2021 under Section 496-A, P.P.C., registered at Police Station Kotsamaba, District Rahim Yar Khan. 2. As per gravamen, in brief, mentioned in the F.I.R, on 26.02.2021 at Magrab time, petitioner along with his co-accused abducted Mst. Zohra Bibi, daughter-in-law of the complainant in a carry van for the purpose of committing Zina with her, hence this FIR. 3. Contentions heard and file gone through. 4. After going through the narration of FIR and the evidentiary material collected by the police and presented before this Court, it divulges that there is a delay of 14 days in registration of FIR and no exegesis has been given by the…

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