Monday, 5 November 2012

Bail refused in case of prima facie involvement of accused

  Citation Name  : 2012  YLR  626     KARACHI-HIGH-COURT-SINDH
  Side Appellant : ABDUL LATIF
  Side Opponent : State

S. 497---Penal Code (XLV of 1860), Ss.380/392/365-B/34---Theft, robbery, abduction---Bail, refusal of---Abductee in her statement recorded under S.161, Cr.P.C., had elaborately given the facts regarding robbery committed in the house, her abduction, asking her uncle for ransom for her release and repeated assaults of zina-bil-jabr on her by the accused---Accused being not known to the parents of the abductee, his name could not be mentioned in the F.I.R. and such fact had indicated absence of mala fides on the part of the complainant or his daughter---If abductee had married the accused for love and with free-will, her false name could not have been mentioned in the nikahnama ---Abductee was present in the court and she had clearly and categorically owned the contents of her statement made under S.161, Cr.P.C.---Accused, prima facie, was connected with the offence alleged in the F.I.R.---Bail was refused to accused, in circumstances.

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