2020 PLP 1130 (MLD)
MUJEEB ULLAH and 2 others — Petitioners Versus The STATE — Respondent
| Citation | 2020 PLP 1130 (MLD) |
| Forum / Court | Gilgit-Baltistan Chief Court |
| Bench Members | N/A |
| Parties | MUJEEB ULLAH and 2 others — Petitioners Versus The STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2020 PLP 1130 (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 2020 PLP 1130 (MLD)?
The case was heard and decided by the Gilgit-Baltistan Chief Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2020 PLP 1130 (MLD) (MUJEEB ULLAH and 2 others — Petitioners Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Amjad Hussain, Naveed Hussain and Yasir Sherazi for Petitioners.
- Deputy Advocate General for the State.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss. 365-B, 368, 341/34
Kidnapping, abducting or inducing woman to compel for marriage, wrongfully concealing or keeping in confinement kidnapped or abducted person, common intention
Accused persons were not directly charged in the FIR rather report was lodged against unknown culprits
Principal accused and his co-accused had been released on bail by the Court, hence, rule of consistency applied to the case of the accused persons as identical role had been attributed to all the co-accused having already been granted bail
Complainant had entered into compromise with the principal accused
Bail could not be refused on the ground that the accused persons had absconded soon after the occurrence
Judgment & Decree
ALI BAIG, J.
Through the instant bail petition filed under section 497, Cr.P.C., the petitioners have sought post arrest bail in case FIR No.15/2017 dated 27.5.2017 registered under sections 368, 365-B/34, P.P.C. at Police Station City Astore.
2. It may be mentioned here that earlier the petitioners had filed bail petition in the Court of learned Judge Anti-Terrorism Court No.1 Gilgit, which was dismissed by the learned trial court vide bail order dated 28-01-2018. Hence, this petition.
3. The learned counsel appearing on behalf of the petitioners/ accused contended that the petitioners/accused are innocent and have falsely been implicated in this case with mala fide intention by the local police. The learned counsel for the petitioners/accused further argued that principal accused namely Tahir Iqbal and others co-accused of the petitioners have been granted post arrest bail by this court, hence rule of consistency applies to the case of the present petitioners/accused and as such, the petitioners are also entitled for concession of bail.
4. Conversely, the learned Dy. AG vehemently opposed this petition by contending that soon after the occurrence the petitioners/ accused were absconded, therefore, the petitioners/accused are not entitled for concession of post arrest bail.
5. I have heard the arguments advanced by the learned counsel for the petitioners as well as the learned Dy.AG and perused the record with their able assistance.
6. From perusal of contents of FIR it transpires that the present petitioners/accused were not directly charged in the FIR rather FIR was lodged against unknown culprits/ persons. Moreover, principal accused namely Tahir Iqbal and his co-accused have been released on bail by this court vide bail order dated 02-02-2018,hence rule of consistency applies to the case of the petitioners/accused as identical role has been attributed to all the co-accused who have already been granted bail by this court and the present petitioners/accused are also entitled for concession of bail.
7. Furthermore, the complainant has entered into compromise with the principal accused namely Tahir Iqbal and bail cannot be refused on the ground that the petitioners were absconded soon after the occurrence. 10(sic). For what has been discussed above, this petition is allowed and the petitioners are admitted to post arrest bail subject to their furnishing bail bonds in the sum of Rs.300,000/- with two sureties each in the like amount to the satisfaction of learned trial court. File. ADN/16/GB Bail granted.