Law: Criminal Procedure Code (V of 1898)

Section: 161,164,497(2),498

Law: Pakistan Penal Code, 1860

Section: 147,148,342,365B,376(1),382,452

(a) Criminal Procedure Code (V of 1898)--- ----S.498---Penal Code (XLV of 1860), Ss.365-B, 376(1), 382, 342, 452, 147 & 148---Kidnapping abducting or inducing woman to compel for marriage, rape, theft after preparations made for causing death, hurt, wrongful confinement and house trespass---Pre-arrest bail, refusal of---Delay in lodging of the F.I.R. was explained in the complaint itself---It was normal in cases of abduction of a woman that prompt F.I.R. was not lodged, rather family of alleged abductee in order to save their honour make their own effort to cause recovery of abductee, which would consume some time and it would not furnish valid ground of delay---Fact that alleged abductee in her statements under Ss.161 & 164, Cr.P.C. had not described the weapon and the robbed property as had been described in the F.I.R., related to the deeper appreciation of evidence, which exercise could not be undertaken at the bail stage---Allegations of robbery and abduction against accused persons were supported with the statements not only of the abductee, but also of other prosecution witnesses---There seemed to be specific implication of accused persons in the crime---No enmity or mala fide between the parties was pleaded---No ground of mala fide or victimization was alleged nor the ground of ulterior motive, irreparable loss or humiliation or disgrace or dishonour was pressed---Nothing was available to suggest prima facie that accused could not be connected with the commission of alleged crime---Bail application was dismissed, in circum stances. (b) Criminal Procedure Code (V of 1898)--- ----S.498---Grant of pre-arrest bail---Parameters. For grant of pre-arrest bail following parameters have been laid down: (a) grant of bail before arrest is an extraordinary relief to be granted only in extraordinary situations to protect innocent persons against victimization through abuse of law for ulterior motives; (b) pre-arrest bail is not to be used as a substitute or as an alternative for post-arrest bail; (c) bail before arrest cannot be granted unless the person seeking it satisfies the conditions specified through subsection (2) of section 497 of Code of Criminal…

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