2023 PLP 199 (YLR)
FAISAL AMIN and 3 others — Petitioners Versus The STATE through A.G. Office Peshawar and another — Respondents
| Citation | 2023 PLP 199 (YLR) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | FAISAL AMIN and 3 others — Petitioners Versus The STATE through A.G. Office Peshawar and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2023 PLP 199 (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 2023 PLP 199 (YLR)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2023 PLP 199 (YLR) (FAISAL AMIN and 3 others — Petitioners Versus The STATE through A.G. Office Peshawar and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Muhammad Ilyas for Petitioners.
- Syed Sikandar Hayat Shah, A.A.G. for Respondents
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss. 365, 377, 506, 392, 148 & 149
Kidnapping or abducting with intent to secretly and wrongfully confine person, unnatural offences, robbery, criminal intimidation, rioting, armed with deadly weapon
Scope
Allegations against accused persons was that they had abducted a transgender person, severely beaten her and thereafter committed unnatural offence with her
Victim had directly nominated the accused persons for the cruel treatment meted out to her and that too, because of her gender
Medical report of the victim was also in line with the prosecution version
So far as compromise effected between the parties was concerned, it needed no reiteration that the offence for which the accused persons were charged with was not compoundable
Such plea in like manner cases could not be taken into consideration at the bail stage
Accused persons were prima facie connected with the commission of offence, which was not only serious in nature but was also an affront to the collective morality and norms of the society and attracted the prohibitory limb of S. 497, Cr.P.C.
Accused persons were disentitled to the concession of bail
Bail petition was dismissed, in circumstances.
Judgment & Decree
QAISER RASHID KHAN, C.J.
Accused-petitioners seek their release on bail in case FIR No.2086, dated 19.10.2021, under Sections 365/377/506/ 392/148/149, P.P.C. of Police Station City, District Mardan with the allegations that they had abducted transgender Zakir alias Anmol, severely beat her and thereafter committed unnatural offence with her.
2. Arguments heard and the available record perused.
3. Initially, as per the FIR ibid, the complainant namely Mehboob alias Zamrud had charged the accused-petitioner Fazal Amin along with 3/4 other unknown accused for the abduction of the transgender Zakir Ali alias Anmol. After recovery, the said abductee recorded her statement under section 161, Cr.P.C. on 19.10.2021 narrating the details as to how she was abducted by the accused-petitioners, severely beat her and also subjected her to unnatural offence. On 22.10.2021, the abductee also recorded her statement under section 164, Cr.P.C. with the same narration.
4. The argument of the learned counsel for the accused-petitioners is that the latter have been falsely implicated in the case FIR and also that they have effected a compromise with the complainant party, who have expressed their no objection over the release of the accused-petitioners on bail.
5. The victim namely Anmol has directly nominated the accused-petitioners for the cruel treatment meted out to her and that too, because of her gender. Such class of citizens mostly belong to the poor and vulnerable segment of the society. Of late, it has been noticed that they are subjected to such cruel and unhuman treatment in the routine and the case of the accused-petitioners is no different. The medical report of the victim is also in line with the prosecution version.
6. So far as the compromise effected between the parties is concerned, it needs no reiteration that the offence for which the accused-petitioners are charged with is not compoundable. Such plea in like manner cases cannot be taken into consideration at the bail stage.
7. Thus taking a tentative assessment of the available record, the accused-petitioners are prima facie connected with the commission of the offence, which is not only serious in nature but is also an affront to the collective morality and norms of the society and attracts the prohibitory limb of section 497, Cr.P.C. Therefore, I hold the accused-petitioners disentitled to the concession of bail.
8. Resultantly, this bail petition stands dismissed. SA/271/P Bail declined.