2010 PLP 735 (YLR)
MUHAMMAD SALEEM alias KADDA — Petitioner Versus THE STATE and another — Respondents
| Citation | 2010 PLP 735 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Malik Saeed Ejaz, J |
| Parties | MUHAMMAD SALEEM alias KADDA — Petitioner Versus THE STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2010 PLP 735 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 PLP 735 (YLR)?
The case was heard and decided by the Lahore bench comprising: Malik Saeed Ejaz, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 735 (YLR) (MUHAMMAD SALEEM alias KADDA — Petitioner Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Altaf Ibrahim Qureshi for Petitioner.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), Ss.365-B/376
Kidnapping, abduction or inducing woman to compel for marriage etc. and rape
Unexplained delay of 26 days in lodging F.I.R.
Assistant Sub-Inspector of police present in court along with record, verified that accused had been declared innocent during investigation and Nikah between co-accused and alleged abductee had been found correct
Alleged abductee was not recovered from accused and she herself had lodged the F.I.R.
All such facts had created doubts regarding the involvement of accused in the commission of offence
Case of accused, in circum-stances needed further probe
Accused was admitted to bail, in circumstances. Rana Abdul Jabbar, A.S.-I. with record.
Judgment & Decree
MALIK SAEED EJAZ, J.
Muhammad Saleem alias Kadda/petitioner seeks post-arrest bail in case F.I.R. No.438, registered at Police Station Saddar Burewala, District Vehari, on 10-10-2008, for offences under sections 365-B/376, P.P.C.
2. Allegation against the petitioner is that he along with co-accused forcibly abducted Mst. Bashiran Bibi for the purpose of commission of Zina.
3. Learned counsel for the petitioner submits that Mst.Bashiran/complainant had illicit relations with Nadeem Abbas co-accused, with whom she contracted marriage out of her free will vide Nikah Nama dated 16-9-2008; that the petitioner has been declared innocent during investigation; and that there is a delay of 26 days in lodging the F.I.R. which by itself creates doubt in the prosecution case.
4. On the other side neither the DPG nor complainant is present.
5. Heard and record perused.
6. It is admitted fact that there is unexplained delay of 26 days in lodging the F.I.R. The A.S.-I. present in Court along with record, verified that the petitioner has been declared innocent during investigation and that Nikah between Nadeem Abbas and Mst. Bashiran has been found correct. It is also admitted fact that alleged abductee was not recovered from the petitioner and she herself appeared to lodge the F.I.R. All these facts create doubts regarding the involvement of the petitioner in the commission of offence. During investigation Nikah of the alleged abductee with Nadeem Abbas co-accused has been found correct. In these circumstances, case 'of the petitioner needs further probe.
7. Consequently, I allow this petition and admit the petitioner to bail, on his furnishing bail bonds in the sum of Rupees Two Lacs Rs.2,00,000 with one surety, in the like amount, to the satisfaction of the trial Court. H.B.T./M-121/L Bail granted.