2015 PLP 2229 (YLR)
TAHIR KHAN alias HAFEEZ — Petitioner Versus The STATE and another — Respondents
| Citation | 2015 PLP 2229 (YLR) |
| Forum / Court | Peshawar |
| Bench Members | Muhammad Younis Thaheem, J |
| Parties | TAHIR KHAN alias HAFEEZ — 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 2015 PLP 2229 (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 2015 PLP 2229 (YLR)?
The case was heard and decided by the Peshawar bench comprising: Muhammad Younis Thaheem, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2015 PLP 2229 (YLR) (TAHIR KHAN alias HAFEEZ — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shah Hussain for Petitioner.
- Date of hearing: 12th December, 2014.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), Ss.379, 109, 496-A & 365-A
Theft, abetment, enticing or taking away or detaining with criminal intent a woman, kidnapping or abduction for extorting property, valuable security etc.
Accused along with co-accused was charged in the FIR after a delay of twenty days of occurrence
Nikah conducted between petitioner's brother and abductee was confirmed by the Justice of Peace
Was yet to be determined as to whether provisions of law, mentioned in the case, would be attracted to the case or otherwise
Involvement of accused in the commission of offence required further inquiry as offence charged against accused fell within the limb of S.497(2), Cr.P.C.
Accused was admitted to bail, in circumstances. Qudratullah Gandapur Asstt. A.-G. for the State. Pir Inam Ullah Shah for the Complainant.
Judgment & Decree
MUHAMMAD YOUNIS THAHEEM, J.
Petitioner Tahir Khan alias Hafeez, who is charged in a case registered against him under sections 379/109/496-A/365-B, P.P.C. vide FIR No. 149 dated 10-10-2014 in Police Station Kakki, Bannu, has prayed for his release on bail mainly on the grounds that the complainant has charged him along with co-accused in the FIR after a delay of twenty days of the occurrence; that the abductee, being legally wedded wife of Muhammad Yousaf, brother of the petitioner and in this connection submitted a copy of Nikah Nama available on file along with certified copies of the application under section 22-A, Cr.P.C. filed by the alleged abductee before the learned Sessions Judge/Ex-Officio Justice of Peace, Khushab and the order dated 7-11-2014 which makes the case of the petitioner one of further inquiry as the learned Sessions Judge/Ex-Officio Justice of Peace has also given observations in his order and had confirmed the Nikah conducted between the brother of the petitioner and abductee.
2. I have gone through the record carefully and considered the submission advanced at the bar by the learned counsel for the parties.
3. The record reveals that the complainant has charged the accused-petitioner along with co-accused in the FIR after a delay of twenty days of the occurrence. From material available on record it is yet to be determined that the sections of law would be attracted to the case or otherwise. Thus involvement of the petitioner in the commission of offence requires further enquiry, more so, when the offence for which the petitioner is charged falls within the limb of section 497(2), Cr.P.C. Therefore, this bail petition is allowed and the accused-petitioner is directed to be released on bail if he furnishes bail bonds in the sum of rupees one lac with two sureties each in the like amount to the satisfaction of the Illaqa/Judicial Magistrate, who shall ensure that the sureties are local, reliable and men of means. HBT/32/P Bail granted.