Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 498---Penal Code (XLV of 1860), Ss.365-B, 508 & 506(2)/34---Pre-arrest bail, refusal of---Counsel for accused had stated that complainant lady was wedded wife of accused and had drawn the attention towards the affidavit of free will having been executed by the complainant lady before the Civil Judge and Judicial Magistrate---Complainant who herself was a victim had specifically denied her free and sweet will in execution of the documents; on the contrary she had specifically stated that her signatures were forcibly obtained by accused---Contents of F.I.R., showed that first part of S.365-B, P.P.C. to the extent of compelling complainant for marriage was made out---Contention of State Counsel that S.365-B, P.P.C. was not made out, was repelled---When the respect of the families was involved then delay in approaching the Police Station was a common trend in the society---Under extreme circumstances, the complainant would have resorted to go to the police station for lodging F.I.R.---Nature of offence involved the chastity and honour of the woman---By act of accused, complainant lady had sustained damage to her respect which could not be repaired during whole of her life---Offence committed by accused would certainly be reason for creating alarming situation in the society---Deeper appreciation of the fact and circumstances as stated by counsel for accused, was not possible at the bail stage---No previous enmity or motive for fake implication had been established against the complainant---Complainant's version was supported by documents produced by accused---Section 365-B, P.P.C. being punishable with imprisonment for life and fine, same fell within the prohibition contained in S.497, Cr.P.C. for bail---Accused who was involved in offence beyond reasonable doubt, was not entitled for the concession of pre-arrest bail---Pre-arrest bail application was dismissed, in circumstances. Ch. Basharat Karim v. Muhammad Ishfaq Chandoor and another 2007 SCMR 1546; Alam Chand alias Aloomal and 2 others v. Jamil Ahmed and another 2008 SCMR 980 and Ibrahim v. The State 2008 MLD 485 ref. Ashok Kumar for Applicant. M. Anwar H.…

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