Law: Code of Criminal Procedure, 1898

Section: 497(2) , 164

Law: Pakistan Penal Code (PPC),1860

Section: 365-B, 363 , 3

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 497(2) & 164--Pakistan Penal Code, 1860 (XLV of 1860), Ss. 365-B, 363 & 3-TIP--Post arrest bail, grant of--Further inquiry--Allegation of abduction--The allege abductee was not recovered by police, but she had returned at her own and recorded 164, Cr.P.C. statement before Magistrate on 18.9.2023 i.e. after more than a month after her return, wherein she changed her version--Now-a-days it has become a common trend in our society that a girl once elopes with her paramour and contracts free-will marriage/Nikah with him and later on when she joins back her relatives, she takes somersault and involves same person with allegation of abduction etc. and that is more probably on account of her being insisted by her relatives--Anyways, veracity and voluntariness of such 164, Cr.P.C. statement of alleged abductee is a question to be answered after recording evidence of alleged abductee at trial and at this stage such belated 164, Cr.P.C. statement of alleged abductee may not be considered unless tested in trial--At bail stage only tentative assessment is allowed--In given circumstances, instant case, has become of two versions and which one is correct is yet to be determined by trial Court after recording evidence--Hence, case against applicant calls for further enquiry, as envisaged under sub-section (2) to Section 497, Cr.P.C. [Para 7] A Mr. Wazeer Ahmed Ghoto, Advocate for Applicant. Mr. Ali Anwar Kandhro, Addl. P.G for State. Complainant present in person. Date of hearing: 14.3.2024. Order Applicant Mazhar Ali Mirani seeks post arrest bail in Crime No. 166 of 2023, registered with PS New Foujdari, Shikarpur, for offence under Sections 365-B, 363, PPC & 3-TIP. Applicant filed post arrest bail application before the trial Court/ IIIrd Additional Sessions Judge, Shikarpur vis-à-vis Cr. Bail Appln. No. 1081 of 2023, where, after hearing the parties, his request was turned down vide order dated 12.10.2023: hence, this application has been maintained. 2.       According to the case of prosecution on 22.07.2023, at about 11.00 a.m., accused persons, namely, Mazhar Ali (the…