Law: Code of Criminal Procedure (CrPC), 1898

Section: 497,498

Law: Pakistan Penal Code, 1860

Section: 361, 363 & 365

(a)    Criminal Procedure Code (V of 1898)-------S. 498---Penal Code (XLV of 1860), Ss. 361, 363 & 365---Kidnapping any person from Pakistan or from lawful guardianship, kidnapping---Pre-arrest bail, confirmation of---Accused was charged for kidnapping his daughters---First Information Report was lodged under SS.363/365, P.P.C. against the father of the baby girls for the kidnapping of her daughters---Section 361, P.P.C. provided protection to the lawful guardian---Further, the father was not excluded from his lawful guardianship and there was nothing in the law to prevent the father from keeping the custody of his children---Object of the provision of S.361, P.P.C. was to protect the rights of parents with regard to custody of the children--Guardianship of the father under Islamic law did not cease when the minor child was in the custody of the mother and similarly, guardianship of the mother was not extinguished when the minor child was with the father---If a father allegedly removed his child from the custody of his/her mother, the father could not be tried or convicted on the charge of kidnapping---Further, S. 361, P.P.C provided that no FIR would be registered against the lawful guardian or father---Both the babies appeared before the Trial Court and swore their affidavit which showed that the alleged abductees had not supported the version of the complainant/victim which required further investigation---At the most it was a dispute between mother and father over custody of minor babies---Pre-arrest bail application was confirmed, in circumstances.Muhammad Ahmad v. The State 2005 YLR 661; Muhammad Ashraf v. SHO and others 2001 PCr.LJ 31 and Mohammad Hassan and another v. The State 2019 PCr.LJ Note 10 ref.(b)    Criminal Procedure Code (V of 1898)-------Ss. 497 & 498---Bail order---Observations of Court---Scope---Observations made in a bail order are tentative in nature and should not influence the Trial Court while deciding the case of the applicant/accused on merits.ORDERAMJAD ALI SAHITO, J.---Through this bail application, the applicant above named seeks pre-arrest bail in Crime No.62/2020 under sections…

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