Law: Pakistan Penal Code, 1860

Section: 310A

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.310-A---Bail, grant of---Custom of 'Kala-Kali'---Exchange marriage---Effect--Badle-Sulh---Meaning---Bail in non-bailable offence---Scope---Allegation against accused/petitioners was that being members of Punchayat they, on basis of custom of Kala Kali, gave two females of complainant's family in marriage with co-accused whose sister had been allegedly abducted by complainant's brother---Bail applications of accused were rejected by Trial Court---Accused contended; that two females of complainant's family were not given in marriage as Badl-e-Sulh for alleged abduction of female of accused family, rather it was an exchange marriage; that it was a contract entered into by father of alleged abductee and father of females whose brother allegedly abducted the lady; that offence under S.310-A, P.P.C. was not made out---Validity---Question whether in the light of contents of F.I.R. ingredients of S.310, P.P.C. were made out from its bare reading or the same required other material, could only be determined after recording of evidence---Word "Badl-e-Sulh" was though not defined in P.P.C. yet in the context of S.310-A, P.P.C. the same was to be construed as giving or accepting something in compensation of right of Qisas and right of Qisas always arose at time of commission of offence---No F.I.R. had been lodged regarding commission of alleged abduction therefore, decision made by said 'Punchayat' in the context of F.I.R. could be strictly construed as one in lieu of compensation for commission of offence of abduction---Such fact could tentatively be considered as one bringing case of prosecution within ambit of S.310-A, P.P.C. which could only be built up through evidence and for that matter most relevant witness was the alleged abductee who had not, so far, opted to come forward to support story of alleged abduction---Investigation of case was complete and accused could not be kept behind bars indefinitely as the same was to amount to punishing them without trial which was against law---Bail in non-bailable offence though could not be claimed as a right, yet the fact that offence did not…

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