Law: Criminal Procedure Code (V of 1898)

Section: 161,164,497,497(2)

Law: Pakistan Penal Code, 1860

Section: 34,365B,380,392

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.380/392/365-B/34---Theft, robbery, abduction---Bail, refusal of---Abductee in her statement recorded under S.161, Cr.P.C., had elaborately given the facts regarding robbery committed in the house, her abduction, asking her uncle for ransom for her release and repeated assaults of zina-bil-jabr on her by the accused---Accused being not known to the parents of the abductee, his name could not be mentioned in the F.I.R. and such fact had indicated absence of mala fides on the part of the complainant or his daughter---If abductee had married the accused for love and with free-will, her false name could not have been mentioned in the Nikahnama---Abductee was present in the court and she had clearly and categorically owned the contents of her statement made under S.161, Cr.P.C.---Accused, prima facie, was connected with the offence alleged in the F.I.R.---Bail was refused to accused, in circumstances. State v. Khuda Dad and others 2004 SCMR 425; Muhammad Wail Farooq v. The State 2007 MLD 1313; Nasir Khan v. Waseel Gul and another 2011 SCMR 710 and Suba Khan v. Muhammad Ajmal and 2 others 2006 SCMR 66 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Bail---Further inquiry---Main consideration for grant of bail under S.497(2), Cr.P.C. is that if the court on the basis of tentative assessment of evidence forms an opinion that prima facie reasonable grounds existed to believe that accused has not committed the offence with which he was being charged, he would be allowed bail under S.497(2), Cr.P.C. as of right. Suba Khan v. Muhammad Ajmal and 2 others 2006 SCMR 66 ref. THIS JUDGMENT DELIVERED BY: SHAHID ANWAR BAJWA, J.--- For reason to be recorded later, this Criminal Bail Application was dismissed vide short order dictated in open Court on 17-11-2011. The following are reasons for the short order. 2. F.I.R. No. 599 of 2011 was registered at Police Station, Korangi Industrial Area, and Karachi on 15-6-2011 for an incident alleged to have occurred 28 hours earlier. The complainant stated that he was running cart selling bread and chick peas in front of English Biscuit…

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