Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 365/34

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.365/34---Abduction---Bail, grant of---After recovery of alleged abductee he was examined by the Police under S.161, Cr.P.C., but record was silent as to whether his statement was recorded under S.161, Cr.P.C. by the Magistrate or not---Case being that of abduction, statement of alleged abductee before the Magistrate was necessary---Failure on the part of prosecution to record said statement, would favour accused’s plea for bail---At the initial stage, accused was named on the basis of suspicion---Except statement of abductee, that too under S.161, Cr.P.C., no other ocular evidence was available to connect accused with the abduction of the alleged abductee---Unexplained delay in lodging F.I.R. was not explained in the case---Two co-accused in the case had been released on bail and bail cancellation application moved by the complainant was rejected---Case of accused was at par with said co-accused who were on bail---Principle of consistency demanded that bail be granted to accused---Bail was granted. JUDGMENT ATTAULLAH KHAN, JUSTICE:---.--- Zafar Ali Khan, accused/petitioner has filed this petition for his release on bail after failing to secure the same from the lower forum. 2. The accused-petitioner named above is charged in case F.I.R. No.110 dated 4-8-2010 of Police Station Dadiwala, District Lakki Marwat under sections 365/34, P.P.C. 3. Arguments heard and record perused. 4. Record reveals that instant F.I.R was registered on 4-8-2010 on the basis of daily diary dated 15-6-2010. Report was made by Abdul Khaliq son of Muhammad Akbar. 5. According to the complainant, his brother Muhammad Nawaz was abducted while on motorcycle. When the said Muhammad Nawaz did not return to his house, complainant traced him but could not found him. He expressed his suspicion about the abduction of his brother by Zafar Ali Khan, the present accused-petitioner, with whom he had some ill-will regarding a police report lodged against him. In the daily diary he charged Zafar Ali Khan and Attif-ur-Rahman for the abduction of his brother. The police interrogated the case and thereafter a proper F.I.R was…

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