Law: Code of Criminal Procedure, 1898

Section: 497(2)

Law: Pakistan Penal Code (PPC),1860

Section: 365-B, 363

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Pakistan Penal Code, 1860 (XLV of 1860), Ss. 365-B & 363--Bail, grant of--Further inquiry--“Abduction”--The alleged abductee was not recovered by police, but she had returned to house of her brother at her own after about 25 days of alleged incident--He next submits that 164, Cr.P.C. statement of alleged abductee was recorded after delay of more than a month after her return, wherein she has not specifically named any one including applicant for abducting her, therefore, per learned Counsel, case against applicant requires further enquiry as contemplated under sub-section (2) to Section: 497, Cr.P.C.--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, in my opinion, has become of two versions and which one is correct is yet to be determined by trial Court after recording evidence--Case against applicant calls for ion 497, Cr.P.C. further enquiry, as envisaged under sub-section (2) to Section 497, Cr.P.C.            [Para 3 & 5] A & B 2012 SCMR 1137; 2022 PCr.LJ 953; 2020 PCr.LJ 245 & 2018 PCr.LJ 1025. Mr. Wazeer Ahmed Ghoto, Advocate for Applicant. Mr. Ali Anwar Kandhro, Addl. P.G for State. Present in person for Complainant. 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 Appin. 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…