Case Details

Citation(s)
2012 SLG 2410 2012 SLD 2410 2012 YLR 1680
Peshawar High Court
Bail Cancellation Petition No. 427 of 2011, decided on 20th February, 2012
QAISER RASHID KHAN, J
Farooq Akhtar for Petitioner. Muhammad Ismail Alizai for
Respondents. Miss Farhana Jabeen for the State

MUHAMMAD RIAZ

VS

THE STATE and 2 others

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss. 365-B & 376-Kidnapping, abducting or inducing woman to compel for marriage etc., rape---Application for cancellation of bail---Initial report lodged by the complainant showed no one charged by name and for a period of more than two months, no accusing finger was pointed out by the complainant party at the accused persons---Alleged abductee in her statement under S. 164, Cr.P.C charged the accused persons for her abduction as well as keeping her in illegal confinement and committing zina-bil-jabr with her and levelled a host of other allegations against them---Act of alleged abductee in leaving the house unaccompanied by any male or female member of the family during dark hours of the night to attend the call of nature and the simultaneous presence of the accused persons at that very hour waiting for her, and then abducting her and keeping her at a secluded place for over two months, committing zina-bil-jabr with her and then leaving her at the house of her sister on the condition that she would not disclose their names and instead involve another person, her pregnancy and subsequent abortion, were all too preposterous questions to be resolved during the course of trial---Bail granting order of lower Court did not call for any interference and, therefore, application for cancellation of bail was dismissed, accordingly. JUDGMENT QAISER RASHID KHAN, J.---Muhammad Riaz, petitioner/complainant, has filed this application for the cancellation of bail granted to the accused/respondents No.2 and 3 by the learned Additional Sessions Judge-III, D.I. Khan on 11-10-2011 in case F.I.R. No.247 dated 14-9-2011 under sections 365-B/376, P.P.C. registered at Police Station, Paroa, District D.I. Khan. 2. Brief facts of the instant case are that Muhammad Riaz, complainant on 7-6-2011 at 0915 hours reported the matter to the local police to the effect that on the previous night he was asleep at his house when his sister Mst. Kaneez Bibi wife of Allah Dad, whose house was in front of his house came to him at 11-00 p.m. and after awaking him, told him that his niece Mst. Fayyaz Bibi aged about…
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