Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 365-B

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), S.365-B---Ad interim pre-arrest bail, confirmation of---Delay of four months in lodging of F.I.R. had not been plausibly explained---Such delay had made the case doubtful for the reason that it was practically not possible for a father of a girl to keep mum especially when his daughter had been abducted by certain individuals; and he would not instantly get the case registered against them; and it was also not possible that it took four months time for him to find out the names of the abductors---When the daughter was abducted, father or any of the members of the family would become restless and instantly would try to find out her whereabouts, but in the present case it had not been done so, rather F.I.R. was got registered after the delay of four months---Was also not possible that in those four months they did not know as to who had abducted their daughter---Said considerable delay in lodging of the F.I.R., in circumstances, cast serious doubt in one's mind regarding happening of the occurrence as well as role of accused---Investigating Officer present in the court had categorically stated that alleged abductee was not recovered from accused persons---Previous enmity being existing between one of the accused persons and the complainant, their false implication in the case could not be ruled out---Investigating Officer had also stated that he had not been able to finalize his investigation as the abductee was not recovered and until and unless she was recovered, he could not be able to give his final findings regarding the allegations levelled against accused persons---Possibility existed that main accused of the occurrence had taken daughter of the complainant along with him abroad; if that was so, then accused persons had absolutely no role in the abduction and entire story narrated in the F.I.R. was doubtful---Case being of further inquiry into the guilt of accused persons, ad interim pre-arrest bail already granted to accused persons, was confirmed. ORDER KHURSHID ANWAR BHINDER, J.--- The petitioners seek confirmation of ad interim pre-arrest hail already granted to them by this…

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