Citation Name : 2018 PCrLJN 96 LAHORE-HIGH-COURT-LAHORE

Side Appellant : ADEEL RAZA

Side Opponent : State

S. 497(2)---Penal Code (XLV of 1860), S.365-B---Kidnapping, abducting or inducing woman to compel for
marriage---Bail , grant of---Further inquiry---Delay of about ten days in the registration of FIR, had not
been explained by the complainant; which prima facie reflected that the FIR had been got registered after
due deliberation and consultation---Alleged abductee had also filed a suit for jactitation of marriage against
accused which was pending before Family Court, which was a proper forum to decide such matter---
Accused, were previous non-convicts and never involved in any other case---Accused were behind the bars
since long without any progress in their trial---Investigation of the case was complete and they were no
more required for further investigation---No useful purpose would be served by keeping accused persons
behind the bars and their further incarceration in jail, would not serve any beneficial purpose---Case of
accused having become one of further inquiry, covered by subsection (2) of S.497, Cr.P.C., they were
granted Bail , in circumstances.

Citation Name : 2017 PCrLJN 85 LAHORE-HIGH-COURT-LAHORE

Side Appellant : HASSAN ALI SHAH
Side Opponent : State

Ss. 497 & 154---Penal Code (XLV of 1860), Ss. 365-B, 376, 380 & 411---Delay in lodging FIR---Kidnapping,
abducting or inducing woman to compel for marriage, rape, theft in dwelling house and dishonestly
receiving stolen property---Bail , grant of---Further inquiry---Accused was nominated in FIR---Delay of
three months in lodging FIR had not been explained by the complainant and the same prima facie showed
that FIR had been chalked out after due deliberations and consultations---Such fact rendered the case
against accused one of further inquiry in terms of S. 497(2), Cr.P.C.---Bail was granted accordingly.

Citation Name : 2017 YLR 692 KARACHI-HIGH-COURT-SINDH

Side Appellant : ABDUL GHAFFAR
Side Opponent : State

S. 497---Penal Code (XLV of 1860), Ss. 302, 201 & 34---Qatl-i-amd, causing disappearance of evidence
of offence, common intention---Bail, grant of---Further inquiry---Accused was not nominated in FIR but
was implicated through supplementary statement and on disclosure of co-accused---Allegation against
the accused was that he and his co-accused committed murder of father of the complainant---delay of
more than three days in lodging FIR, had not been plausibly explained by the complainant which prima
facie showed that FIR had been chalked out after due deliberations and consultations---Accused was
implicated in case through supplementary statement and on a disclosure allegedly made by co-accused,
which carried no weight unless corroborated by some other reliable evidence---Challan was submitted
in the court but prima facie facts rendered the case against accused one of further inquiry in terms of
S. 497(2) Cr.P.C.---Bail was granted accordingly.
Citation Name : 2015 YLR 1777 PESHAWAR-HIGH-COURT
Side Appellant : FARMAN ALI
Side Opponent : FAZAL RABI

S.497(2)---Penal Code (XLV of 1860), S.365-B---Kidnaping a woman to compel her for marriage---Bail ,
grant of---Absondence of accused---Effect---Accused was arrested after recovery of abductee who alleged
him for kidnaping her and illegally confining her---Validity---Two main components and ingredients of
offence: Firstly there must be kidnaping or abduction of a woman and secondly the first act of abduction
and kidnaping was with intent that she could be compelled to marriage or be forced or seduced to illicit
intercourse---All such elements were missing against accused---Long abscondance of accused by itself was
no ground for refusal of Bail , when otherwise case for Bail was made out on merits---Though offence was
heinous in nature but mere fact that accused was charged for a heinous offence would not hamper in the
way of Bail , if otherwise, he had made out a case of Bail on merits---Accused despite remaining in police
custody made no confession before competent Court nor abductee had been recovered by local police from
his possession, which had made case of accused one of further inquiry---Bail was allowed in circumstances.

Citation Name : 2014 YLR 1161 PESHAWAR-HIGH-COURT

Side Appellant : MUHAMMAD YOUNAS
Side Opponent : MUHAMMAD HANIF KHAN

Ss. 497(2) & 164---Penal Code (XLV of 1860), Ss. 365-B & 376---Kidnapping, abducting or inducing woman
to compel for marriage etc. and Rape---bail , grant of---Further inquiry---Allegations against the accused
persons were that they abducted the daughter of the complainant and committed zina with her---Accused
had not been charged directly by the complainant---Mode of occurrence was indicative of the fact that
abductee herself left the house---Neither abductee nor case property had been recovered from the accused-
--S. 365-B, P.P.C. signified the carrying away of woman with an aim that she might be compelled to
marriage or forced or made to illicit intercourse, against her will---Components and ingredients of the
offence must be with intent that she might be compelled to marriage or be forced or seduced to illicit
intercourse which were missing in the present case---Mere fact that accused were charged for heinous
 offence would not hamper in the way of bail if otherwise they had made out a case of bail ---Case required
further probe into the guilt of accused---No one could be refused to be enlarged on bail as a punishment-
--Case of accused was arguable for the purpose of bail ---Accused were granted bail in circumstances.

Citation Name : 2018 MLD 428 PESHAWAR-HIGH-COURT

Side Appellant : MUHSIN ISLAM
Side Opponent : State

S. 497---Bail---Scope---Purpose of bail was to grant liberty to accused if there was further scope of inquiry
into his/her guilt, even if alleged offence fell within purview of prohibitory clause of S.497, Cr.P.C.

Citation Name : 2014 PCrLJ 1430 KARACHI-HIGH-COURT-SINDH

Side Appellant : MUHAMMAD SIDDIQUE
Side Opponent : State

Ss. 497(1) & 497(2)---Bail---Offence falling within the prohibitory clause of S. 497(1), Cr.P.C.---Bail
could not be withheld as a punishment mere ly for the reason that offence fell within the ambit
of prohibitory clause of S. 497(1), Cr.P.C.---In such cases, where guilt of accused required further
inquiry, bail could be granted irrespective of such bar under S. 497(1), Cr.P.C.

2010 PCRLJ 182 Lahore

Citation Name : 2013 YLR 1743 LAHORE-HIGH-COURT-LAHORE
Side Appellant : MAQSOOD SHAHZAD
Side Opponent : State

Ss. 497(2) & 161---Penal Code (XLV of 1860), Ss. 365-B---Kidnapping, abducting or inducing woman to
compel for marriage etc.---Bail, grant of---Further inquiry---Implication based on supplementary
statement of complainant---Complainant implicating accused on basis of his "firm belief"---Effect---
Accused was alleged to have abducted the alleged abductee so as to snatch her gold ornaments and cash-
--Story mentioned in the F.I.R. appeared a bit vague, as the complainant merely showed his "firm belief"
without hinting at any incriminating evidence, even against those accused persons, he had been named in
the F.I.R.---Present accused was implicated in the case through a supplementary statement of the
complainant, alleging that accused had made a telephone call to his brother and used derogatory language
against him---Alleged abductee was still to be recovered and since arrest of accused there had been no
progress towards her recovery ---Case was one of further inquiry into guilt of accused---Accused was
admitted to bail in circumstances.