| Case ID |
d47f71d3-1070-47e9-984c-e310cbe18aae |
| Body |
View case body. Login to View |
| Case Number |
Cr. M. B.A. No. 918-P of 2014 |
| Decision Date |
Jul 21, 2014 |
| Hearing Date |
|
| Decision |
The court allowed the bail application of Farman Ali, who sought post-arrest bail in a case involving allegations of kidnapping under Section 365-B of the Penal Code. The court analyzed the facts, noting that the complainant had initially reported his wife missing and later accused the petitioner of kidnapping. However, the court found that the elements necessary to substantiate the charge of kidnapping were absent. The abductee did not indicate coercion or compulsion for marriage in her statements. The court emphasized that long abscondence is not a sufficient ground for denying bail if other merits favor the accused. The decision was to grant bail upon the petitioner providing suitable sureties. |
| Summary |
In the case of Farman Ali vs Fazal Rabi, the Peshawar High Court addressed the issue of bail in relation to allegations of kidnapping under the Penal Code. The petitioner, Farman Ali, argued for post-arrest bail after being accused of abducting a woman to compel her into marriage. The court meticulously examined the nature of the evidence presented and determined that the essential elements of the alleged crime were not established. Specifically, the court highlighted that the statements made by the complainant and the abductee did not support claims of coercion or illicit intentions. The court's ruling underscored that even serious allegations do not automatically negate the possibility of bail if the case merits it. This ruling reflects the court's adherence to legal standards that prioritize individual rights while balancing the serious nature of the accusations. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MALIK MANZOOR HUSSAIN, J.
|
| Lawyers |
Ishtiaq Ibrahim,
Waqas Ahmad Chamkani,
Sohail Khan, A.A.G.
|
| Petitioners |
FARMAN ALI
|
| Respondents |
another,
FAZAL RABI
|
| Citations |
2015 SLD 2170,
2015 YLR 1777
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497(2),
365-B
|