806/2015 Cr.Bail Muhammad Ameen (Applicant) V/S The State (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 30-SEP-15
Criminal Procedure Code (V of 1898)---- ----S. 497---Penal Code (XLV of 1860), Ss. 365-B, 34 & 511---Kidnapping, abduction or inducing woman to compel for marriage and common intention----Bail, refusal of---Accused sought post-arrest bail on the ground that complainant had executed/sworn affidavit of "no objection" to the grant of bail in favour of accused---Complainant had named the accused in FIR and abductee was his real niece---Contention was that affidavit of "no objection" to the grant of bail had been sworn by the complainant amounted to exonerating of accused from the charge and it also amounted to retracting from the contents of FIR---Validity---Once the contents of FIR were shattered then the door would be open for all accused persons to take benefit of doubt at the trial or even at bail stage---Affidavit sworn by complainant in favour of accused at bail stage could not be considered as a case of free will and if it was so, it was the most shameful act of the complainant that he was ready to exonerate the accused in a crime of abduction of his real niece, knowingly---Accused was not pressing the bail application as the Court tried to dig out the real reasons for swearing affidavit in favour of accused by the complainant---Bail application was dismissed, in circumstances, as not pressed.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
let us know.