Azam vs State S — 2024 YLR 2602 Gilgit-Baltistan Chief Court

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Azam VS State S. 497(2)---Penal Code (XLV of 1860), S. 364-A---Kidnapping---Bail, grant of---Further inquiry---Accused was charged for kidnapping minor daughter of complainant---Record transpired that petitioner was neither directly nominated in the promptly lodged FIR nor any specific role had been attributed to him---No incriminating evidence was available or collected against the present accused/petitioner during course of investigation nor witnesses had deposed against him---Sufficient material was not available to substantiate commission of crime against the petitioner/accused---Case set up by the prosecution against the petitioner/accused did not appeal to common sense---Moreover, it appeared that the accused/petitioner had falsely been implicated in the present case for commission of alleged offence which prima facie was not attracted against the present accused/petitioner---Record showed that the complainant party made an unsuccessful attempt to widen the net to involve, implicate or drag maximum family members of the nominated accused mentioned in the FIR with mala fide intentions---Offence under S.364-A, P.P.C, falls within the ambit of prohibitory clause of S.497, Cr.P.C, which prima facie was not attracted in the present case to the extent of the present accused/petitioner---Matter in hand required further probe into the guilt of the accused/petitioner---In such like cases grant of bail is a rule and refusal is an exception---Accused/petitioner was behind the bars for the last couple of months, waiting for commencement of the trial of the case---Case of the accused/petitioner squarely fell within the ambit of S.497(2), Cr.P.C, entitling him for concession of post arrest bail and the same was allowed.

Azam vs State S — 2024 YLR 2602 Gilgit-Baltistan Chief Court

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