| Case ID |
25c9cc7d-fe8b-40ee-90ba-3ec4fa9b75f9 |
| Body |
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| Case Number |
Crl. Misc. No. 25361-B of 2024 |
| Decision Date |
Jun 03, 2024 |
| Hearing Date |
Jun 03, 2024 |
| Decision |
The petitioner, Tariq Mehmood, sought post-arrest bail in a case involving serious charges of abduction and attempted rape. The court examined the FIR, which indicated that the petitioner abducted Mst. Farah Arshad with the intent to commit rape. However, the court noted that a nikahnama was presented, confirming the marriage between the petitioner and the alleged victim, which took place on September 21, 2023. Additionally, the court considered a harassment petition filed by the alleged victim against the police, which had already been disposed of. The DNA report related to the case was negative, and it was highlighted that the petitioner had been in custody since November 7, 2023, with no further investigative purpose for his detention. Ultimately, the court allowed the petition for bail, citing the need for further inquiry under the Criminal Procedure Code, thereby granting the petitioner bail subject to a bond of Rs. 100,000. |
| Summary |
This case, adjudicated by the Lahore High Court, revolves around the bail petition of Tariq Mehmood, who is accused of abducting Mst. Farah Arshad to commit rape, under sections 365-B and 376 of the Pakistan Penal Code. The court's decision was influenced by several factors, including the submission of a nikahnama indicating the marriage between the petitioner and the victim, and a negative DNA report. The court underscored the importance of evaluating the evidence at this stage, emphasizing that the petitioner had been incarcerated for an extended period without necessity for further investigation. The ruling allowed for bail, highlighting the legal standards under the Criminal Procedure Code. This case underscores critical aspects of criminal law, particularly regarding the rights of the accused and the role of evidence in determining pre-trial detention. The decision reflects a careful balance between the seriousness of the allegations and the rights to liberty and justice. Keywords such as 'bail', 'abduction', 'post-arrest bail', and 'criminal law' are relevant to this case, making it significant for legal practitioners and scholars alike. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Shehram Sarwar Ch., J.
|
| Lawyers |
Rai Ashfaq Ahmad Kharal,
Ch. Muhammad Akram Tahir,
Mr. Asim Ali Gill
|
| Petitioners |
Tariq Mehmood
|
| Respondents |
STATE and another
|
| Citations |
2024 SLD 4457,
2024 PLJ 196
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
497(2),
365-B,
376
|