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2009 YLR 1492

RAFIQUE AHMED and 2 others vs THE STATE

Citation2009 YLR 1492
CourtSindh High Court
Case No.Criminal Bail Application No, S-358 of 2008
Date2009-02-02
Judge(s)Sajjad Ali Shah
ResultBail confirmed

ORDER

1. ' SAJJAD ALI SHAH, J.---Through this application the applicants/accused seek bail in Crime No,49 of 2008 of Police Station Hala, under section 364, 34, P.P.C.

2. 'Learned counsel for the applicants/ accused contends that the applicants being innocent have been falsely implicated in the instant case and since after completion of investigation challan has been filed, therefore, the applicants/accused are no more required by the police and, therefore, they may be enlarged on bail. It was next contended by the learned counsel that the F.I.R. Is delayed by three months and nowhere specifies that the abduction was made with intent to commit the murder of the abductee nor attributes any motive and the offence, if any, falls within the ambit of section 365, P. P. C .

3. ' On the other hand learned counsel for the State by affirming this position does not oppose the grant of bail.

4. ' I have hears the learned counsel for the respective parties and perused the record.

5. The narration of the F.I.R. Reflects that the applicants/accused had family terms with the alleged abductee and per contents of F.I.R. The applicants/accused had taken the abductee on the pretext to get her treated by a neuro-surgeon as the abductee had some problem regarding her mental health. Without alleging any enmity the complainant after narrating a story whereby her sister was abducted concluded that she has been murdered, which assertion has admittedly proven wrong as the abductee is still alive, therefore, it is yet to be determined as to whether the offence would fall under section 364, P.P.C.

6. ' In view of what has been discussed above, interim pre-arrest bail granted to the applicants/accused is confirmed on same terms and conditions.

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