Law: Criminal Procedure Code (V of 1898)

Section: 491,561A,497, Schedule-II

Law: Constitution of Pakistan, 1973

Section: 199

Law: Guardians and Wards Act, 1890

Section: 25

Law: Pakistan Penal Code, 1860

Section: 363,361

(a) Penal Code (XLV of 1860)--- ----S. 363---Criminal Procedure Code (V of 1898), S.497, Second and Third provisos [as inserted by Criminal Law (Amendment) Ordinance (XIII of 2006)] & 561-A---Constitution of Pakistan (1973), Art.199---Constitutional petition---Quashing of F.I.R.---Woman accused---Bailable offences---Refusal of bail---Father of minor prosecuting mother of minor---Molding of relief---Converting bail petition into constitutional petition read with one under S.56-A, Cr.P.C.---Complainant was father of minor children and after divorce, custody of minors was handed over by their mother to the complainant in lieu of dowry articles and maintenance allowance---Later on the ex-wife of complainant along with her parents and other relatives rernoved minor children from custody of complainant, against which F.I.R. was registered---Lower Appellate Court dismissed bail of accused (ex-mother-in-law of complainant) on the ground that punishment for the offence was seven years and the minor children were removed in violation of the decree passed by Family Court---Validity---All offences against women excepting terrorism, financial corruption and murder punishable with death or imprisonment for life or imprisonment for ten years were bailable-On the day of promulgation of Criminal Law (Amendment) Ordinance, 2006, the Second and Third provisos to S.497, Cr.P.C. had overriding effect on all laws in force---Offence with which accused stood charged was punishable upto seven years rigorous imprisonment only and under Criminal Law (Amendment) Ordinance, 2006, all offences against women accused were bailable excepting murder, terrorism and financial corruption---Accused woman made a request for bail before Lower Appellate Court in bailable offence punishable with 7 years of imprisonment and was, therefore, entitled to bail as a right---Mere fact that at one time mother of minors herself passed on custody of her minor children to her ex-husband in lieu of dowry articles and maintenance allowance would not make her liable for the charge of kidnapping punishable under S.363 P..P.C.---High Court converted bail petition into petition under Art.199 of the Constitution,…

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