Case Details

Citation(s)
2010 SLG 1576 2010 SLD 1576 2010 YLR 693
Sindh High Court
Criminal Bail Application No. 507 of 2009, decision Dated: 24-07-2009.
MUHAMMAD ISMAIL BHUTTO, JUSTICE
Petitioner(s) by: Manzoor Hussain Larik
Respondent(s) by: Dareshani Ali Haider Ada

ALI GOHAR

VS

THE STATE

Law: Criminal Procedure Code (V of 1898)

Section: 164,497(2)

Law: Pakistan Penal Code, 1860

Section: 365B,367A,382

Criminal Procedure Code (V of 1898)--- ----S.497(2)---Penal Code (XLV of 1860), Ss.365-B, 367-A & 382---Kidnapping, abducting or inducing woman to compel for marriage etc. kidnapping or abducting in order to subject person to unnatural lust and theft after preparation made for causing death, hurt or restraint in order to the committing of the theft---Bail, grant of---Further inquiry---No role had been assigned to accused except his presence at the place of incident with pistol---Specific allegation of abduction of lady and taking of golden ornaments and other articles was levelled against the co-accused--Investigating Officer had let off four persons so also abductee had not implicated accused/applicant for the abduc tion and taking away golden ornaments--Accused having made out case for further inquiry, was admitted to bail. THIS ORDER PASSED BY: MUHAMMAD ISMAIL BHUTTO, J.--- Learned counsel for the applicant submits that there is delay of two days in lodgment of the F.I.R. in which complainant has stated that his sister Mst. Waheeda is wife of Nazir was staying in their house. Nine accused persons with weapons entered into their house and one Khalid forcibly abducted Mst. Waheeda while others namely Rafiq and Mumtaz took out golden ornaments, cash and clothes from the Almirah and went away. He further submits that on 27-1-2009 abductee was recovered and on the same day her 164 Cr.P.C. statement was recorded before Magistrate, wherein she has not levelled any specific allegation against the applicant but disclosed that he was armed with pistol. Five real brothers were involved in this case. I.O. has let off four…
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