2017 PLP 603 (MLD)
ABDUL QADOOS — Petitioner Versus The STATE and another — Respondents
| Citation | 2017 PLP 603 (MLD) |
| Forum / Court | Lahore (Rawalpindi Bench) |
| Bench Members | N/A |
| Parties | ABDUL QADOOS — 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 2017 PLP 603 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2017 PLP 603 (MLD)?
The case was heard and decided by the Lahore (Rawalpindi Bench) bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2017 PLP 603 (MLD) (ABDUL QADOOS — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shahzad Raza Mubashir for Petitioner.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), S.496-A
Enticing or taking away or detaining with criminal intent a woman
Case being of bail after arrest, deeper appreciation was not allowed
Unexplained delay of ten days in the registration of FIR
Name of accused did not figure in the FIR, rather his name had been replaced with other person through supplementary statement
Accused had undergone extensive period of remand, but nothing had been recovered from him
Accused, who was previously non-convict was behind the bars since 10-12-2015
Investigation qua accused was completed, and he was no more required for the purpose of further investigation
Challan having been submitted, no useful purpose would be served by keeping accused under incarceration for an indefinite period
Offence under S.496-A, P.P.C., with which accused was charged, did not fall within the prohibitory clause of S.497, Cr.P.C.; in such like cases grant of bail was a rule and its refusal was an exception
Case against accused having become of further inquiry, accused was admitted to bail, in circumstances.
Judgment & Decree
ABDUL SAMI KHAN, J.
Through this petition under Section 497 Cr.P.C. Abdul Qadoos, the petitioner has sought bail after arrest in case FIR No.1165/15 dated 19.11.2015 under Sections 496-A, P.P.C., Police Station Airport, District Rawalpindi.
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 after arrest and deeper appreciation is not allowed at this stage. It has been noticed by this Court that there is a delay of ten days in the registration of FIR which has not been explained by the complainant. The name of the petitioner does not figure in the FIR rather his name has been replaced with Imran Asif alias Yasir Shah through supplementary statement. The allegation against the petitioner in the FIR is that on 09.11.2015 he along with his co-accused abducted the wife of the complainant Usman Farooq Kayani for illicit intercourse. During the investigation of this case the petitioner has undergone extensive period of remand but nothing has been recovered from him. Admittedly the petitioner is previously non-convict, he is behind the bars since 10.12.2015, investigation qua the petitioner is complete and he is no more required for the purpose of further investigation, challan has been submitted, therefore, no useful purpose would be served by keeping him under incarceration for an indefinite period. The offence under section 496-A, P.P.C. with which the petitioner is charged does not fall within the prohibitory clause of section 497, Cr.P.C. and in such like cases grant of bail is a rule and its refusal is an exception. Reliance in this regard is placed on the case of Tariq Bashir and 5 others v. The State (PLD 1995 SC 34).
3. For what has been discussed above, the case of the petitioner becomes one of further inquiry covered by subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is granted bail after arrest subject to his furnishing bail bond in the sum of Rs.1,00,000/- (Rupees one hundred thousand only) with two sureties in the like amount to the satisfaction of the learned Trial Court.
4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only. HBT/A-33/L Bail grante