| Case ID |
3ab13447-0af9-4513-9142-891eb89f3986 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 1382 of 2010 |
| Decision Date |
Nov 15, 2010 |
| Hearing Date |
Nov 12, 2010 |
| Decision |
The court granted bail to the petitioner, Shaban Ali, on the basis that the alleged abductee denied her abduction and claimed to have married the petitioner willingly. The court noted the importance of the alleged abductee's testimony and indicated that further inquiry was necessary to determine the veracity of the claims against the petitioner. The decision emphasized that the evidence presented warranted a reevaluation of the circumstances surrounding the accused's involvement in the case. The court ordered the release of the accused on bail, contingent upon the submission of appropriate sureties. |
| Summary |
In the case of Shaban Ali vs. The State, the Peshawar High Court addressed the issue of bail under the Criminal Procedure Code and the implications of the alleged abduction of Asmana Bibi. The petitioner sought bail after being implicated in the abduction case, which was registered under Section 365-B of the Penal Code. The court evaluated the testimonies provided by the alleged abductee, who denied any abduction and asserted that she had married the petitioner of her own free will. This case highlights the significance of the victim's testimony in abduction cases, particularly when it contradicts the claims made in the FIR. The court's decision to grant bail reflects an understanding of the complexities involved in such cases, especially concerning consent and the legal implications of marriage contracts. The court concluded that further inquiry was necessary, allowing for a more thorough examination of the facts before any definitive judgment could be made. This case serves as a critical reference point for similar legal matters involving abduction and consent, emphasizing the need for careful consideration of all evidence presented. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MAZHAR ALAM KHAN MIANKHEL, J
|
| Lawyers |
Ashab Ali Bangesh,
Naveed Akhtar, A.A.G.,
Shahid Qayyum Khattak
|
| Petitioners |
SHABAN ALI
|
| Respondents |
THE STATE
|
| Citations |
2011 SLD 2154,
2011 YLR 670
|
| Other Citations |
Aamir v. The State and another 2010 PCr. LJ 961,
Muhammad Akhtar v. The State and another 2010 PCr.LJ 373,
Muhammad Zahoor Ahmad v. The State 2010 PCr.LJ 113,
Muhammad Munawar v. The State 2009 PCr.LJ 195,
Rabnawaz v. Gul Adam Khan 2010 PCr.LJ 905
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497(2),
365-B
|