Case Details

Citation(s)
2010 SLG 1593 2010 SLD 1593 2010 YLR 697
Sindh High Court
Criminal Bail Application No. 924 of 2009, decision Dated: 30-09-2009.
MUHAMMAD ATHAR SAEED, JUSTICE
Petitioner(s) by: Syed Nadeemul Haq
Respondent(s) by: Khadim Hussain

THE STATE

VS

MUHAMMAD RIAZ

Law: Criminal Procedure Code (V of 1898)

Section: 154,164,497,497(2)

Law: Pakistan Penal Code, 1860

Section: 371A,498

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.371-A & 498---Selling person for the purpose of prostitution and enticing a married woman---Bail, grant of---Further inquiry---Main contention of the counsel for accused was that though the name of accused had been mentioned as one of the persons who enticed the complaint on the pretext of marriage, but no specific role had been assigned to him---From the provisions of S.371-A, P.P.C., it was clear that said provision only would apply to persons who sell any person with the intent that such person would be used for the purpose of prostitution or illicit intercourse---F.I.R., statement of alleged victim and other documents on record had not alleged that the complainant was intended to be sold to any prostitute or to any person who intended to use her for the purpose of prostitution or intercourse---From the statement of victim it did not transpire that she was sold to a prostitute or to person who intended to use her as a prostitute---Further inquiry was needed to connect accused with the charges and allegation under S.371-A, P.P.C.---Tentatively the prosecution had not made out a case which could be assumed to fall under S.371-A, P.P.C.---Maximum sentence provided under S.498, P.P.C. for inducing away married woman with intention to illicit intercourse, was two years which did not fall under prohibitory clause of S.497, Cr.P.C.---Accused, in circumstances was entitled to grant of bail. THIS ORDER PASSED BY: MUHAMMAD ATHAR SAEED, J.--- This Criminal Bail Application has been filed against order of the IIIrd Additional Sessions Judge, Malir Karachi dated 10-8-2009 in Bail Application No.224 of 2009 by which the above bail application was rejected. 2. Brief facts of the case are the F.I.R. on the basis of statement under section 154, Cr.P.C. was registered with area Magistrate P.S. Sohrab Goath Karachi by complainant known as Mst. Gulshan Kulsoom who had alleged that the applicant had with few other persons enticed the complainant to accompany them to a marriage of her relative at Sukkur and thenafter the marriage when the complainant wanted to come back they forced her to stay…
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