Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 365B, 380

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.365-B & 380---Abduction and theft in dwelling house---Bail, grant of---Further inquiry---Alleged abductee had taken different stance of different occasions about the allegations, which had made the case that of further inquiry---Co- accused who had entered in the house and abducted the lady, had been granted post-arrest bail while accused did not enter the house and remained standing outside the house---Under the rule of consistency, accused was also entitled to the concession of bail---Challan of the case had been submitted in the court and accused was no more required for the purpose of investigation---No useful purpose would be served while keeping accused behind the bars---Prima facie, alleged abductee seemed to be sui juris who contracted marriage of her own free will and consent---At bail stage deeper appreciation of evidence would not be permissible which could prejudice the case of prosecution or the defence---Allegation against accused was of taking away the ornaments and other household articles which were not recovered from the accused---Alleged abductee gave birth to a child out of her wed-lock with co-accused---Accused was admitted to bail, in circumstances. ORDER HAFIZ ABDUL REHMAN ANSARI, J.--- Through this petition, the petitioner, namely, Abdul Rasheed son of Ghulam Muhammad seeks post-arrest bail in case F.I.R. No.176 of 2008 dated 25-7-2008 registered at Police Station Seetal Mari, Muzaffargarh, under sections 365-B, 380, P.P.C. at the instance of Mst. Sonan Mai wife of Azeem Bakhsh complainant. 2. Briefly allegations against the petitioner are that he was standing out side the house when the co-accused entered into the house to kidnap the abductee and bring her to Karachi where she was gang raped by the accused. The accused also took golden ornaments etc. and amount of Rs.2,80,000. Hence, this F.I.R. 3. Learned counsel for the petitioner submits that there is unexplained delay of 7 days in lodging the F.I.R. as such false implication cannot be ruled out; further submits that the co-accused, Mehboob and Sultan have been granted post-arrest bail and under…