2018 P Cr (PLP)
MUHAMMAD JAVED and 2 others — Petitioners Versus The STATE and another — Respondents
| Citation | 2018 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD JAVED and 2 others — Petitioners Versus The STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2018 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2018 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2018 P Cr (PLP) (MUHAMMAD JAVED and 2 others — Petitioners Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rana Mushtaq Ahmad Toor for Petitioner with Petitioner in person.
Headnotes / Summary
S. 498
Penal Code (XLV of 1860), S.365
Kidnapping, abducting or inducing woman to compel for marriage etc.
Unexplained delay of nine days in the registration of FIR, which had prima facie shown that FIR had been recorded after due deliberation and consultation
Alleged abductee had contracted Nikah with co-accused, and she filed private complaint before Judicial Magistrate, and recorded her statement that she had not been abducted by anybody and that she had contracted marriage with co-accused with her free will and consent
Alleged abductee also recorded her statement under S. 164, Cr.P.C., wherein she stated that on the Nikah Nama there was her thumb impression and that she had contacted Nikah with co-accused with her free consent
Accused persons were previous non-convicts and they had joined the investigation
Only because imprisonment of offence with which accused were charged fell under the prohibitory clause of S. 497, Cr.P.C., was no ground to refuse bail, if otherwise accused were entitled to grant of pre-arrest bail
False implication of accused persons by the complainant with mala fide intention due to the grudge that his daughter contracted marriage with co-accused, could not be ruled out of consideration
Ad interim pre-arrest bail already granted to accused persons was confirmed, in circumstances. [Paras. 2 & 3 of the judgment]
Judgment & Decree
ABDUL SAMI KHAN, J.
Through this petition under section 498, Cr.P.C. the petitioners Muhammad Javed, Muhammad Rafique and Hashim Ali have sought pre-arrest bail in case FIR No.303/2017, dated 29.09.2017 registered under section 365-B, P.P.C. at Police Station Ahmed Pur Sial District Jhang.
2. The arguments advanced by the learned counsel for the parties have been heard and the record of this case has also been perused with their able assistance. This is bail before arrest and only tentative assessment is allowed at this stage. It has been noticed by this Court that there is a delay of nine days in the registration of FIR which has not been explained by the complainant which prima facie shows that the FIR has been got recorded after due deliberations and consultations. As per allegations in the FIR, the petitioners along with their co-accused abducted Mst. Shumaila Bibi daughter of the complainant on 20.09.2017 and also committed theft of gold ornaments and cash of Rs.25000/- from the house of the complainant. It has also been noticed by this Court that the alleged abductee Mst. Shumaila Bibi has contracted Nikah with co-accused Shahzad Ali on 19.09.2017 before the registration of the instant case and in this regard copy of the Nikah Nama is attached with this petition and the said abductee also filed private complaint before learned Judicial Magistrate, Sargodha on 21.09.2017 and also recorded her statement that she has not been abducted by anybody rather she contracted marriage with co-accused Shahzad Ali with her free will and consent. Mst. Shumaila Bibi the alleged abductee also recorded her statement under section 164, Cr.P.C. before Judicial Magistrate Section 30, Ahmad Pur Sial District Jhang wherein during cross-examination she stated that on the Nikah Nama there is her thumb impression and she recorded her statement in the court at Sargodha that she has contracted Nikah with Shahzad Ali with here free consent. I may observe here that this is a dilemma of our society that in the first instance, a girl elopes with her paramour and contract Nikah with her and later on when she joins her parents, she takes somersault and involves her husband and his family members/relatives in such like cases. Admittedly the petitioners are previous non-convicts. They have already joined the investigation. Only because imprisonment of offence with which the petitioners are charged falls under the prohibitory clause of section 497, Cr.P.C. is no ground to refuse bail if otherwise they became entitled to grant of pre-arrest bail.
3. For what has been discussed above, false implication of the present petitioners by the complainant with mala fide intention due to the grudge that his daughter contracted love marriage with co-accused cannot be ruled out of consideration. The ad-interim pre-arrest bail already granted to the petitioners vide this Court's order dated 16.11.2017 is hereby confirmed subject to their furnishing bail bond in the sum of Rs.30,000/- (Rupees thirty thousand only) with one surety in the like amount to the satisfaction of learned Trial Court/Area Magistrate.
4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only. HBT/M-26/L Bail confirmed.