| Citation(s) |
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| 2026 SLG 5245 = 2026 SLD 5245 = 2026 PLJ 227 |
Lahore High Court
Crl. Misc. No. 33583-B of 2023, decided on 31.5.2023.
Presented By: Anwaar-ul-Haq Pannun, J.
Mr. Muhammad Imran Suleria, Advocate assisted by Ms. Gulnaz Khalid Gondal, Advocate for Petitioner. Ms. Rahila Shahid, Deputy District Public Prosecutor and Rashida Parveen, Assistant District Public Prosecutor for State. Mr. Irfan Mehmood, Advocate for Complainant. Date of hearing: 31.5.2023.
Crl. Misc. No. 33583-B of 2023, decided on 31.5.2023.
Presented By: Anwaar-ul-Haq Pannun, J.
Mr. Muhammad Imran Suleria, Advocate assisted by Ms. Gulnaz Khalid Gondal, Advocate for Petitioner. Ms. Rahila Shahid, Deputy District Public Prosecutor and Rashida Parveen, Assistant District Public Prosecutor for State. Mr. Irfan Mehmood, Advocate for Complainant. Date of hearing: 31.5.2023.
SHAHID IMRAN--Petitioner
VERSUS
STATE etc.--Respondents
Law: Code of Criminal Procedure, 1898
Section: 498
Law: Pakistan Penal Code (PPC),1860
Section: 365B,376
PLJ 2026 Cr.C. (Note) 227 [Lahore High Court, Lahore] Option of Puberty-- ----A Female child below age of 18 cannot be deemed competent to freely grant her consent to enter into a marriage contract merely because she manifests physical symptoms of having attained puberty. [Para 19] A PLD 2016 SC 17 Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, 1860 (XLV of 1860), Ss. 365-B & 376--Bail before arrest, dismissal of--Allegation of--Abduction--Appreciation of evidence--Petitioner seek’s confirmation of bail-- A criminal court cannot go beyond jurisdiction vested with it under law--It can only try a person accused of an offence which is cogniza ble by it--A Family Court established under Muslim Family Law Ordinance, 1961 (VIII of 1961) has exclusive jurisdiction in matters enumerated in Schedule under Section 5 of Family Court Act 1964--The petitioner has been specifically nominated in crime report with culpability of abduction and commission of rape with complainant’s daughter supported by statement of alleged victim under Section 161 and 164, Cr.P.C. which allegations find due corroboration with medical evidence--The petitioner was also found connected with commission of offence during course of investigation--Reasonable grounds thus exist to believe that petitioner has committed non-bailable offence, grant of pre-arrest bail being a discretionary relief essentially rooted into equity is only meant for innocent person involved in case on account of mala fide or ulterior motive--In absence of any mala-fide or ill-will of complainant, victim or on part of police for his false involvement in this case, petitioner has failed to make out his case for confirmation of his ad-interim pre-arrest bail, as such, instant petition is hereby dismissed and ad-interim pre-arrest bail already granted to petitioner vide order is recalled.…