Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.365---West Pakistan Arms Ordinance (XX of 1965), S. 13---Kidnapping or abducting with intent secretly and wrongfully to confine person, possession of illegal weapons---Bail, refusal of---Allegation against accused and co-accused was that they abducted the complainant on their motor cycle, which by chance slipped and co-villagers of the complainant chased the accused and co-accused and arrested both of them on the spot---Validity---Accused and co-accused had succeeded in abducting a young boy barely 17/18 years of age---Question of false implication was totally ruled out---Recovery of pistol and knife with which the complainant was threatened was also effected from accused and co-accused---Arrest of accused and co-accused and recovery of abductee, prima-facie established their involvement in the commission of the offence, which was even otherwise of heinous and despicable nature---Bail petition was dismissed, in circumstances. JUDGMENT QAISER RASHID KHAN, J.---Aggrieved of the orders of learned lower fora, the accused/petitioners have applied for bail to this Court in case F.I.R. No.238 dated 9-9-2011 under section 365 P.P.C./13 A.O registered at Police Station, Paroa, District, D.I.Khan. 2. Precise facts of the case are that on 9-9-2011 at 1100 hours complainant Muhammad Abid reported to the local police that on the eventful day he had gone for cutting grass in the fields near mauza Band Nokhrra. At about 9-00 a.m. suddenly one person sporting short black beard appeared, aimed pistol at him and told him not to make noise. In the meanwhile another person armed with 'Churri' appeared and both caught hold of him and told him to go with them and also slapped him. They covered his mouth and eyes with cloth and forcibly abducted him on motorcycle. On the way, the motorcycle slipped and they fell down. He uncovered his eyes and saw both the accused in injured condition. In the meanwhile, the chasing co-villagers arrived and overpowered the accused. Then the police arrived and arrested the accused, hence the ibid F.I.R. was chalked out. 3. The learned counsel for accused/ petitioners argued…

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