2012 PLP 647 (SCMR)
AABID — Petitioner Versus THE STATE and others — Respondents
| Citation | 2012 PLP 647 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Tassaduq Hussain Jillani and Mian Saqib Nisar, JJ |
| Parties | AABID — Petitioner Versus THE STATE and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2012 PLP 647 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2012 PLP 647 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Tassaduq Hussain Jillani and Mian Saqib Nisar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 PLP 647 (SCMR) (AABID — Petitioner Versus THE STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Ahmed Bakhsh, Advocate Supreme Court for Petitioner.
- Date of hearing: 22nd February, 2012.
Headnotes / Summary
(Against the judgment dated 24-6-2011 of the Lahore High Court, Lahore, passed in Criminal Miscellaneous No.6872-B of 2011).
S. 497(2)
Penal Code (XLV of 1860), Ss. 365-B/364/337-H(ii)/ 148/149
Constitution of Pakistan, Art. 185(3)
Kidnapping, abducting or inducing woman to compel for marriage etc., kidnapping or abducting in order to murder, hurt by rash or negligent act, rioting armed with deadly weapons, unlawful assembly
Major part of prosecution story had been found to be false and all co-accused were on bail
One of the abductees had exonerated the accused
Question of accused's guilt required further inquiry
Supreme Court converted the petition into appeal and admitted the accused to bail, in circumstances. Mazhar Sher Awan, Additional P.-G. for the State.
Judgment & Decree
Petitioner along with 10 others was proceeded against in terms of the case registered vide F.I.R. No.136 of 2011 dated 8-3-2011 under sections 365-B, 364, 337-H(ii), 148, 149, P.P.C. at Police Station Bhawana, District Chiniot on the statement of Muhammad Arif.
2. The prosecution story briefly stated is that on the night between 7/8 of March, 2011, petitioner along others abducted Mst. Nasreen Bibi, Mst. Anees Bibi and Mst. Bano Bibi while they were asleep at complainant's house.
3. Learned counsel for the petitioner seeks bail on the ground that the case is false; that petitioner and complainant are closely related; that 8 out of 11 accused named in the F.I.R. have been found to be innocent during investigation and a final report under section 173, Cr.P.C. was submitted only qua the 3 accused including the petitioner. Adds that even the petitioner was declared innocent during investigation.
4. Learned Additional Prosecutor-General opposed the petition. However, on court query, he did not deny that the police during investigation, did not give any positive opinion with regard to the guilt or the innocence of the petitioner and it left the matter to be decided by the Court. Adds further that one of the abductees namely Mst. Bano Bibi had made a statement in the High Court in Writ Petition No.25630 of 2010 that petitioner had not abducted her.
5. Having heard petitioner's learned counsel at some length, we find that since the major part of the prosecution story has been found to be false, all the co-accused are on bail and one of the abductees has exonerated the petitioner, the question of petitioner's guilt would require further inquiry. Consequently, this petition is converted into appeal and allowed and subject to petitioner's furnishing bail bonds in the sum of Rs.50,000 with one surety to the satisfaction of the learned trial Court, he shall be released on bail. M.W.A./A-9/SC Bail granted.