| Case ID |
1a9df953-2275-488f-a783-286597f8148d |
| Body |
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| Case Number |
Criminal Misc. No. 639/B of 2019 |
| Decision Date |
Oct 30, 2019 |
| Hearing Date |
|
| Decision |
The petitioner, ABBAS KHAN, sought bail after arrest in a case alleging abduction under Section 364/34 of the Pakistan Penal Code. The Islamabad High Court considered the principles of consistency and noted that the alleged abductee had voluntarily contracted Nikkah with the petitioner. The court highlighted that one of the co-accused had already been granted bail and directed the Trial Court to conclude the trial within three months. The petition was allowed, granting bail to the petitioner subject to the furnishing of bail bonds in the sum of Rs. 1,00,000 with one surety. The observations made by the court were tentative and would not prejudice the Trial Court during the trial. |
| Summary |
In the case of ABBAS KHAN vs. STATE AND ANOTHER, the Islamabad High Court addressed the application for post-arrest bail made by the petitioner, who was accused of abduction under the Pakistan Penal Code. The court examined the allegations and the context, particularly focusing on the fact that the alleged abductee had entered into a Nikkah voluntarily with the petitioner. The decision emphasized the importance of consistency in granting bail, especially since a co-accused had already been granted bail in a related case. The court ordered that the trial must be concluded within three months and granted bail with specific conditions. This case highlights significant aspects of criminal procedure and the legal principles surrounding bail in Pakistan, particularly in sensitive cases involving minors and allegations of abduction. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
AAMER FAROOQ, J.
|
| Lawyers |
Mr. Muhammad Tahir Jalal Wattoo,
Mr. Shafqat Abbas Tarar,
Mr. Awais Haider Malik
|
| Petitioners |
ABBAS KHAN
|
| Respondents |
STATE AND ANOTHER
|
| Citations |
2021 SLD 2847,
2021 PLJ 216
|
| Other Citations |
2018 PCr.LJ 453,
2018 MLD 899,
2018 PCr.LJ 1025
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
497,
161,
364/34
|