2003 P Cr (PLP)
MUHAMMAD RAMZAN — Petitioner Versus THE STATE — Respondent
| Citation | 2003 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD RAMZAN — Petitioner Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 2003 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 P Cr (PLP) (MUHAMMAD RAMZAN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Mehr Nasir Hussain for Petitioner.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), S.363
Abducted minor child was with his grandfather and the accused was his real brother
Mother (complainant) of the child had moved the Guardian Judge for the custody of her son against the grandfather, which petition was still pending adjudication
Child was not recovered from the accused who was behind the bars for the last more than three months and was not a previous convict
Case against accused, in circumstances, required further inquiry as envisaged by S.497(2), Cr.P.C.
Judgment & Decree
Tahir Ali Qureshi for the State. Muhammad Ramzan, petitioner, through the instant petition seeks after arrest bail in case F.I.R. No.286 dated 19-8-2002 under section 363, P.P.C. registered with Police Station Saddar Mailsi, District Vehari.
2. Briefly the facts of the prosecution case as contained in the F.I.R. are that complainant 4/5 years ago was married to one Haq Nawaz son of Ghulam Rasool. Two children were born out of their wedlock. Haq Nawaz expired a year ago and she was living with her in-laws. About 8/9 months ago, Ghulam Rasool, Muhammad Bakhsh, Allah Yar and Muhammad Ramzan occupied her house and also took away her articles of dowry and also her Three years old son and kicked her out of the house.
3. It has been contended on his behalf that he has falsely been roped in; that he is real brother of Ghulam Rasool, the grandfather of the child; that the child in fact is with the grandfather and not with him; that the litigation before the Guardian Judge in respect of custody of the minor child is pending and he has no concern at all with the same; that the child was not at all kidnapped; that the child was not recovered from them; that he is behind the bars for last about three months; and that he is previous non-convict. 3-A. On the other hand, the learned counsel for the State has opposed the petition.
4. There is with the petition, the copy of the order dated 2-12-2002 recorded on his post-arrest bail petition by Mr. Shahid Rafique Sheikh, learned Additional Sessions Judge, Mailsi. It is evident from the same that the minor child is with his grandfather namely, Ghulam Rasool. The petitioner is stated to be his real brother. There is also with the petition the copy of an application moved by the complainant before the Guardian Judge against said Ghulam Rasool for the custody of her minor son. The learned counsel for the petitioner has stated at the Bar that the said petition is still pending adjudication there. The child was not recovered from him.
5. In these circumstances, it is yet to be seen that if, he (petitioner) in any way can be held for the alleged offence. His case, therefore, is covered under subsection (2) of section 497, Cr.P.C.
6. He is stated to be behind the bars for the last more than three months and a previous non-convict.
7. In these circumstances, I find him entitled to bail. The petition, therefore, is accepted and he is admitted to bail provided he furnishes bail bond in the sum of Rs.50,000 (Rupees fifty thousand) with one surety in the like amount to the satisfaction of the learned trial Court. N.H.Q./M-1720/L Bail allowed.