| Citation(s) |
|---|
| 2008 SLG 4328 2008 SLD 4328 2008 PCRLJ 1008 |
Lahore High Court
Criminal Miscellaneous No. 6284/B of 2007, decided on 11th October, 2007.
IJAZ AHMAD CHAUDHRY, JUSTICE
Fayyaz Ahmad Mehr for Petitioner. Syed Faisal Raza Bokhari, Dy. P.G. for the State.
Criminal Miscellaneous No. 6284/B of 2007, decided on 11th October, 2007.
IJAZ AHMAD CHAUDHRY, JUSTICE
Fayyaz Ahmad Mehr for Petitioner. Syed Faisal Raza Bokhari, Dy. P.G. for the State.
MUSHTAQ AHMED ER
VS
THE State --Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 497(2)
Law: Penal Code (XLV of 1860)
Section: 302,365
Criminal Procedure Code (V of 1898)--- -----S. 497(2)-Penal Code (XLV of 1860), Ss.302 & 365---Bail, grant of---Further inquiry----Accused, his mother, sister and brother-in-law had been involved in the case by the complainant, who was wife of deceased---Complainant did not disclose any reason for the abduction of the victim by accused and his other relatives---Claim of accused and his co-accused was that complainant/wife of deceased in connivance with her paramour had committed the murder of deceased; and got lodged false case against accused and his other family members in order to restrain them from lodging the murder case against her---During the investigation, pistol was recovered from co-accused, but nothing could be recovered from accused and other co-accused nominated in the F.I.R.---No evidence had been collected by the police against accused and his other co-accused to prima facie connect them with the commission of murder of the deceased---Accused, in circumstances, had succeeded in making out a case of further inquiry falling within purview of S.497(2) Cr.P.C.---Accused was admitted to bail, in circumstances. THIS ORDER PASSED BY: IJAZ AHMAD CHAUDHRY, JUSTICE:---.--- Through this application under section 497, Cr.P.C. Mushtaq Ahmed, petitioner seeks post-arrest bail in a case F.I.R. No. 730 of 2006, dated 30-9-2006, registered under sections 365/302, P.P.C. at Police station Hanjarwal, Lahore on the application of Mst. Seema Bibi, the complainant. 2. The brief allegation as alleged in the F.I.R. is that one month prior to lodging of the F.I.R., the petitioner along with co-accused had abducted Khadim Hussain, husband of the complainant and real brother of the petitioner. 3. The learned counsel for the petitioner has contended that the petitioner and Riaz co-accused are real brothers, Mst. Sharifan Bibi co-accused is real mother. Mst. Sakina Bibi, is real sister and Ashraf brother-in-law of the alleged abductee; that no reason has been mentioned in the F.I.R. that why mother, brother and sister of the victim had abducted him; that the petitioner is behind the bars since 5-12-2006; that actually complainant and her paramour Malkoo had committed…
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