| Citation(s) |
|---|
| 2013 SLG 2642 2013 SLD 2642 2013 YLR 1437 |
Lahore High Court
Criminal Miscellaneous No. 12906/B of 2012, decided on 10th October, 2012
SARDAR MUHAMMAD SHAMIM KHAN AND SHAHID HAMEED DAR, JJ
Ch. Muhammad Safdar Bhatti for Petitioner. Khurram Khan, Deputy Prosecutor General Punjab for the State. With Muhammad Akbar, S.I. Naveed Ahmed Khawaja, for the Complainant
Criminal Miscellaneous No. 12906/B of 2012, decided on 10th October, 2012
SARDAR MUHAMMAD SHAMIM KHAN AND SHAHID HAMEED DAR, JJ
Ch. Muhammad Safdar Bhatti for Petitioner. Khurram Khan, Deputy Prosecutor General Punjab for the State. With Muhammad Akbar, S.I. Naveed Ahmed Khawaja, for the Complainant
FAISAL IQBAL
VS
The STATE and another
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 365-A & 363---Kidnapping or abduction for extorting property, valuable security etc., kidnapping---Bail, grant of---Further inquiry---Accused and co-accused persons were alleged to have kidnapped the abductee for ransom---Test identification parade was staged almost twenty three days after the arrest of the accused---Extra-judicial confession before the complainant was allegedly made by co-accused and not by the accused---Ransom amount, according to the record, was received by co-accused and not by the accused---One of the co-accused, whose name persistently appeared on the record, had been granted bail---Case against accused was one of further inquiry---Accused was admitted to bail in circumstances. ORDER The petitioner seeks post-arrest bail in case F.I.R.No.486 dated 26-10-2011, under section 363, 365-A, P.P.C., registered at Police Station Narang, District Sheikhupura. 2. The prosecution case as narrated by Muhammad Aslam Bajwa (complainant) is that his paternal nephew Hassan Afzal was abducted by three motorists at about 5-45 a.m. on 25-10-2011 and taken to an unknown place; Shahzaib, who was with Hassan Afzal, returned to his house and informed him about the incident. The complainant rendered a supplementary statement on 6-11-2011 stating therein that accused Imran Mushtaq had visited him on the said day and admitted his guilt with the contention that he along with Seemon, Faisal (petitioner) and Bilal Butt had abducted the minor for the purpose of ransom and that he had been paid an amount of Rs.50,000 by Faisal (petitioner) as his share of the ransom amount, paid by the complainant to the accused. Hassan Afzal abductee was recovered on 28-10-2011, when he was released by the accused including Kalay Khan, Mohsan, Shanoon, Banoon, Naveed and Bhola at the embankment of the canal, wherefrom he was brought back to his house by the complainant. The petitioner was arrested on 14-12-2011, whereon he was sent to judicial lock up for his test identification, which took place on 7-1-2012, during the course of which he was correctly picked up by Mushtaq Aziz, Shahzaib andβ¦
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