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K.L.R. 2009 Criminal Cases 59

Ghulam Muhammad vs The State

CitationK.L.R. 2009 Criminal Cases 59
CourtLahore High Court
Case No.Crl. Misc. No. 8932-CB of 2008, .
Date2008-09-25
Judge(s)M. A. Zafar
ResultPetition dismissed

ORDER M.A. ZAFAR, J. - Ghulam Muhammad who is complainant of case F.I.R. No. 215/2007, dated 11.3.2007 registered with Police Station A-Division, Sheikhpura under Section 365-B, P.P.C, has filed this petition seeking cancellation of bail granted to Nazir Ahmad respondent by the learned Additional Sessions Judge, Sheikhupura vide orders dated 2.8.2008. .

2. As per F.I.R, complainant daughter Biji Bibi aged 14/15 years was present in the house. Nazir Ahmad the present respondent alongwith Inayat Ali enticed away Mst. Baji Bibi and when the accused was asked to return the abductee they denied to do so.

3. The case of the petitioner is that the respondent committed a heinous offence and the offence with which he has been charged falls within the prohibitory clause and the learned Additional Sessions Judge erred in granting bail to him.

4. The case of the respondent before the learned Additional Sessions Judge was that the abductee went to his house who is her brother-in-law with her free-will and consent and .She was never abducted and she stayed some days in the house of the accused and thereafter rejoined his father. The operative part of the order passed by the learned Additional Sessions Judge is reproduced as under:- "Admittedly, relationship between the petitioner/accused and the alleged abductee is of brother- in-law and sister-in-law. There is allegation of simple abduction. Gravity of the offence is not so big. it is first bail application at this forum, itis a case of further inquiry as to whether Biji Bibi was abducted or she went with her free consent."

No exception can be taken to the order passed by the learned Additional Sessions Judge granting bail to the respondent, there. Is no perversity in the order and the principle for cancellation of bail (are paraafter)a with the principle for interfering in appeal; against acquittal. Moreover, respondent remained in jail for 15 months and thereafter he was granted bail. However, I told that charge in this case has already been framed and the trial is in progress. This is another additional ground for refusing the cancellation of bail granted to the respondent. However, learned Trial Court is directed to conclude the trial on or before 31.3.2009 under intimation to this Court through D.R.

(Judicial).

5. This petition is disposed of.

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