Law: Criminal Procedure Code (V of 1898)

Section: 497, 498

Criminal Procedure Code (V of 1898) Ss: 497 & 498- 8ail Fnther accused of kidnapping and removing his minor daughter ,from mother's custody-Prima facie case, for confirmation of 'bail in view of established law that father cannot he held guilty of offence in circumstances-Penal Code (XLY of 1860), S. 363/148/149. Ahmad Nawaz and others v. The State P L D 1968 Lab. 97 ref. ORDER Cr. Miscellaneous Nos. 7029 and 7039 of 1968 were submitted in this Court for the grant of anticipatory bail by the persons who are accused of offences under section 363/ 148 /149, P. P. C. and who are alleged to have abducted an infant Mst. Saiqa, a girl of one year's age, from the custody of her mother Mst. Najma Begum who had gone to grave yard to offer fatihah on the grave of her brother on the Eid day. It is alleged that in snatching away the girl, Mst. Hamida, Mst. Irshad Begum and Zahoor Din, who were accompanying the mother, received injuries at the hands of the accused persons. They approached this Court for the anticipatory bail which was granted by my learned brother Shaukat Ali, J. The petitioners' applications for bail are before me for confirmation, while Mst. Najma Begum has moved Cr. Misc. Nos. 179 and 180 of 1969 for cancellation of bail of the accused persons. All these four applications are being disposed of by the same' order. 2. Raja Muhammad Akram learned counsel appearing on behalf of the accused persons argues that there has been a dispute between the husband and the wife and an agreement for the custody of the child was entered into by the parties on the 20th of July 1968, a photostat copy of which has been placed on the rile as Annexure `R'. This agreement was accompanied an affidavit which is also placed on the file. It is mentioned in the affidavit as well as in the agreement that Mst. Najma Begum is suffering from T. B. and, therefore, she was not suckling the child and the custody of the child was to remain with Ashfaq Ahmad. The agreement was shown to the learned counsel appearing onbehalf of Mst. Najma Begum and he was asked to compare the signatures of Mst. Najma Begum on this document and on her affidavit submitted in this…