1989 PLP 4864 (MLD)
SOSAN‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 1989 PLP 4864 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Amir Malik, J |
| Parties | SOSAN‑‑Petitioner Versus THE STATE‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 4864 (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 1989 PLP 4864 (MLD)?
The case was heard and decided by the Lahore bench comprising: Muhammad Amir Malik, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 4864 (MLD) (SOSAN‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Muhammad Nawaz for Petitioner.
Headnotes / Summary
‑‑‑S.497‑‑Penal Code (XLV of 1860), S.364‑A‑‑Bail, grant of‑‑Child was recovered after about 7 months without any injury on his person‑‑Ingredients of offence charged were not made out from the F.I.R.‑‑Accused was behind the bars for about ten months‑‑Challan not yet submitted in Court‑‑Offence prime facie would fall within section
363. P.P.C‑‑Bail allowed in circumstances. Asif Chughtai for the State.
Judgment & Decree
‑‑‑S.497‑‑Penal Code (XLV of 1860), S.364‑A‑‑Bail, grant of‑‑Child was recovered after about 7 months without any injury on his person‑‑Ingredients of offence charged were not made out from the F.I.R.‑‑Accused was behind the bars for about ten months‑‑Challan not yet submitted in Court‑‑Offence prime facie would fall within section
363. P.P.C‑‑Bail allowed in circumstances. Mian Muhammad Nawaz for Petitioner. Asif Chughtai for the State. Muhammad Mansha, a child of three and a half years, the son of Abdul Rashid complainant, was found missing from the street on 14‑3‑1988, Abdul Rashid lodged the F.I.R. on 28‑7‑1988 expressing apprehension that five persons, mentioned m the F. I R. (which do not include the petitioner) had kidnapped the child. However, the petitioner dropped from a bus at Chowk Pir Bahar Shah carrying the child on 26‑9‑1988 and was arrested and sent to the judicial lock‑up on the next day and a case under section 364‑A, P.P.C. was registered against her.
2. Learned counsel fur the petitioner has correctly contended that none of he ingredients, i.e. kidnapping for murder or for causing grievous hurt, or for slavery or lust of any person was made out from the F.I.R. and, at the most, it was a case of an offence under section 362/363 P.P.C. There is force in the contention. The child was kidnapped in the month of March and was recovered in the end of September, without any sort of injury on his persons, from the petitioner. In the previous bail petition, the petitioner had confessed the kidnapping but on the assertion that her own child had died and so she had carried away Muhammad Mansha. Hence the offence, prima facie, would nut carry a sentence of more than seven years (under section 363 P.P.C.). Still the challan has not been submitted in Court and the petitioner is behind the bars for about ten months. Hence bail allowed in the sum of Rs.50,000 with one surety in, the like amount to the satisfaction of the trial Court. S.A./S‑554/L. M Bail allowed.