Case Details

Citation(s)
2009 SLG 3301 2009 SLD 3301 2009 PCRLJ 312
Peshawar High Court
Criminal Miscellaneous No.1391 of 2007, decided on 1st February, 2008.Date hearing: 1st February, 2008.
Before Muhammad Alam Khan, J
Farhad relative and Saeedul Akbar Clerk for Petitioner. Muhammad Saeed Khan, Addl. A.-G. for the State. Complainant in person.

SUHAIL----Petitioner

VERSUS

THE STATE and another----Respondents

Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 365-B

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S.365-B---Bail, grant of---Further inquiry---Age of alleged abductee had been admitted to be 25/26 years---Fact had also been admitted that alleged abductee was engaged to one of accused who, with the help of his brother and father, had persuaded alleged abductee and had abducted her---Such fact would be determined by the Trial Court to find out whether case was one of elopement or abduction---At bail stage without commenting upon the merits of the case, so that it might not prejudice the case of either party, it would suffice to say that accused had made out a case for further inquiry, which was discernible from the facts and circumstances of the case---Accused was ordered to be released on bail, in circumstances. Ghulam Nabi and others v. State and another 1984 PCr.LJ 675; Peeran Ditta v. The State 1983 PCr.LJ 195; 1987 MLD 3100 and Muhammad Akbar v. The State 1987 MLD 3125 ref. JUDGMENT MUHAMMAD ALAM KHAN, J.---Sohail son of Shakirullah, resident of Zando Dheri, Mardan, presently residing at Bara Banda, Tehsil and District Nowshera, seeks bail in case F.I.R. No.743 dated 21-8-2007, Police Station Shahbaz Garhi, under section 365-B, P.P.C. 2. Briefly narrated the facts of the case are that on 21-8-2007 at 5-00 hours Mumtaz son of Dalair aged about 65/66 years resident of Zando Dheri, reported the matter to the Police Officer who was on "Gasht", who recorded the Murasila. The contents of the Murasila reads as under:--- That Mst. Aalia daughter of Mumtaz, aged .about 25/26 years who is major and had been engaged to Ikramullah son of Shakirullah resident of Zando Dheri, presently residing at Bara Banda, Tehsil and District Nowshera. The said Ikramullah had oftenly brought elders of the locality for the marriage ceremony of Mst. Aalia. As Ikramullah had contracted a second marriage, thus, the complainant used to refuse. On the day of occurrence the complainant was present in the mosque preparing himself for "Fajar" prayers; that one Musafir near neighbourer of complainant informed him that Mst. Aalia daughter of the complainant had eloped with Ikramullah for the purpose of marriage.…
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