2022 PLP 2046 (YLR)
ZEESHAN and 5 others — Petitioners Versus The STATE and another — Respondents
| Citation | 2022 PLP 2046 (YLR) |
| Forum / Court | Lahore (Rawalpindi Bench) |
| Bench Members | N/A |
| Parties | ZEESHAN and 5 others — Petitioners Versus The STATE and another — Respondents |
| Primary Law | (a) Criminal Procedure Code (V of 1898), (b) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2022 PLP 2046 (YLR)?
This judgment primarily cites: (a) Criminal Procedure Code (V of 1898), (b) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2022 PLP 2046 (YLR)?
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: 2022 PLP 2046 (YLR) (ZEESHAN and 5 others — Petitioners Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Arshad Hussain Yousafzai for Petitioners.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss. 365, 365-A & 109
Anti-Terrorism Act (XXVII of 1997), S. 7
Kidnapping or abducting with intent secretly and wrongfully confine person
Kidnapping or abducting for extorting property, valuable security, etc
Delayed FIR
Scope
Accused persons sought post-arrest bail in an FIR lodged under Ss. 365, 365-A & 109, P.P.C., read with S. 7 of Anti-Terrorism Act, 1997
Allegation against accused persons was that of abduction for ransom
Incident was reported with unexplained delay of more than two hours
Accused persons were nominated in the crime report
Features of accused were not mentioned in the FIR
Statements of abductee recorded under Ss. 161 & 164, Cr.P.C. were at variance regarding mode and manner of the occurrence
Recoveries were effected from the accused persons and their physical custody was not required by the investigating agency
Accused persons were behind the bars since their arrest and their continuous detention for indefinite period would be unfair
Case against accused persons was one of further probe within the meaning of S. 497(2), Cr.P.C.
Petition was allowed and the accused persons were admitted to bail, in circumstances.
S. 497
Scope
Every accused is entitled to fair and speedy trial and no bail can be withheld as punishment.
Judgment & Decree
The petitioners seek post-arrest bail in case registered vide FIR No.78 dated 11.02.2022, at Police Station Ganjmandi, Rawalpindi, for offences under sections 365, 365-A, 109, P.P.C. read with section 7 of Anti-Terrorism. Act.
2. Allegation against the petitioners is that of abduction for ransom.
3. Having heard the arguments addressed at the bar and after perusing the record, it was noticed that incident was reported with unexplained delay of more than two hours. The petitioners are not nominated in the crime report. Their features have also not been mentioned in the FIR. The statements of the abductee recorded under sections 161 and 164, Cr.P.C. are at variance regarding mode and manner of the occurrence. During the investigation recoveries stand effected from the petitioners and their physical custody was not required by the Investigating Agency. Every accused is entitled to fair and speedy trial and no bail can be withheld as punishment. The petitioners are behind the bars since arrest and their continuous detention for indefinite period would be unfair. All these considerations rendered the case against the petitioners one of through probe within the meaning of section 497(2), Cr.P.C.
4. For the foregoing reasons, this petition is allowed and the petitioners are admitted to post-arrest bail subject to their furnishing bail bonds in the sum of Rs.2,00,000/ - each with one surety in the like amount to the satisfaction of learned trial court/ duty judge. SA/Z-16/L Bail granted.