Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 5,302

Criminal Procedure Code (V of 1898)--   ---S.497--Penal Code (XLV of 1860), 5.302--Bail--Facts alleged by prosecution showing that the accused petitioners were not only present at the house from where the two deceased persons were forcibly abducted but were also apprehended from the place where dead bodies were found--Affidavits obtained by accused petitioners from prosecution witnesses to the effect that no such incident, as alleged by prosecution ever took place could not be allowed to prevail at bail stage--Accused­ petitioners, prima facie appeared to be involved in offences of abduction and murder and, therefore, High Court was right in observing that their case fell under S.497(1) of Cr.P.C.--Delay in commencement of trial not found to be inordinate or unconscionable--Petition for leave to appeal dismissed.   ORDER, ANWARUL HAQ, C.J.--The two petitioners seek leave to appeal against an order of the Lahore High Court dated the 6th of June 1977 by which their application for grant of bail has been refused. According to the prosecution, the two petitioners were members of an unlawful assembly, alongwith six others, which forcibly abducted the deceased Nawab Ali and his adopted daughter Khurshid Bibi for the reason that although Khurshid Bibi had been married off by her real father Abdul Aziz to one Yousaf, yet the adoptive father Nawab Ali was not permitting her to go and live with her husband. A first information report was made regarding the abduction on 8-10-1975 at 4 p.m., alleging that Nawab Ali and Mst. Khurshid Bibi were being forcibly taken to the village of Abdul Aziz. When the police reached the village of Abdul Aziz, they found Nawab Ali and Khurshid Bibi lying murdered in his Dera. All the eight accused persons were apprehended at the spot. On the basis of these allegations, the High Court has found that prima facie there are reasonable grounds to believe that petitioners are guilty of an offence punishable with death or imprisonment for life. It is submitted by Mr. Awan that the two petitioners were empty-handed at the time they visited the house of the deceased Nawab as members of a Panchayat which had gone there to…

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