Case ID |
17484833-e6d1-47ec-80ee-1a630785ee81 |
Body |
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Case Number |
Criminal Bail Application No. 709 of 2010 |
Decision Date |
Oct 13, 2010 |
Hearing Date |
|
Decision |
The court confirmed the interim bail granted to the applicants, finding that although they were nominated in the FIR with specific roles, the delay of 14 days in lodging the FIR was unjustifiable. The court noted that the statement of the alleged abductee, who was a mature and educated lady, raised doubts about the allegations against the applicants. The court found that the silence of the alleged abductee during her appearances before the Qazi and the Magistrate cast further doubt on the guilt of the accused. The court concluded that there were reasonable grounds to believe that the applicants were not guilty of the alleged offenses, thus confirming their bail. |
Summary |
The case revolves around a criminal bail application involving allegations of kidnapping and abduction under various sections of the Penal Code and the Criminal Procedure Code. The applicants, who were accused of kidnapping the complainant's sister, were granted interim bail by the Sindh High Court. The court found the delay in filing the FIR and the circumstances surrounding the alleged abduction to be questionable. The court highlighted the maturity and free will of the alleged abductee, suggesting that the accusations against the applicants may have been influenced by ulterior motives from the complainant's side. This case raises important questions about the validity of accusations in abduction cases and the need for thorough inquiry before reaching a verdict. The decision underscores the principles of justice, emphasizing that the burden of proof lies with the accuser and that any reasonable doubt must be resolved in favor of the accused. Keywords: bail application, kidnapping, abduction, Sindh High Court, Criminal Procedure Code, Penal Code, justice, legal inquiry. |
Court |
Sindh High Court
|
Entities Involved |
Not available
|
Judges |
TUFAIL H. EBRAHIM, J
|
Lawyers |
Syed Mehmood Alam Rizvi,
Malik Naeem Iqbal,
Imtiaz Ali Jalbani, A.P.G.
|
Petitioners |
PIR BUX AND 7 OTHERS
|
Respondents |
THE STATE
|
Citations |
2011 SLD 6419 = 2011 PCRLJ 380
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Other Citations |
Muhammad Nawab Bashir v. The State 2009 PCr.LJ 736,
Naseer Ahmed v. The State 2003 MLD 1407,
Rana Muhammad Arshad v. Muhammad Rafique and another PLD 2009 SC 427,
2009 PCr.LJ 409,
2008 PCr.LJ 1451,
2008 YLR 1544,
2007 SCMR 1607
|
Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Protection of Women (Criminal Laws Amendment) Act (VI of 2006)
|
Sections |
497(2),
365-B,
148,
149,
504,
506
|