Abdul Nabi Buriro vs State S — 2024 MLD 934 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 MLD 934 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: MLD
Parties: Abdul Nabi Buriro vs State S
Subject matter: Criminal
Provisions referred to: S. 497---P; S. 164; S. 497; Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Abdul Nabi Buriro VS State S. 497---Penal Code (XLV of 1860), Ss. 452, 365-B & 34---House-trespass after preparation for hurt, assault or wrongful restraint, kidnapping, abducting or inducing woman to compel for marriage etc, common intention---Bail, grant of---Further inquiry---From tentative assessment of the record it appeared that there was delay of about eleven days in lodging of the FIR.---Delay fell within the ambit of deliberation and afterthought, therefore, it was always considered to be fatal for the prosecution case---As per record, the parties already had antagonism/rivalry with each other---Per contents of the FIR., sister of complainant was abducted by accused persons with intent to commit 'zina' with her, but the alleged abductee while recording her statement in terms of S.164, Cr.P.C., had not stated that she was subjected to "zina" by any of the accused---Abductee was not recovered from possession of any accused including present applicant---All these facts and circumstances made the case of applicant as one of further enquiry as envisaged under subsection (2) of S.497, Cr.P.C., entitling him to grant of concession of discretionary relief of bail---Bail application was allowed, in circumstances.

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