Naik Nawaz vs State 497 & 498 — 2025 MLD 529 PESHAWAR-HIGH-COURT

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Naik Nawaz VS State 497 & 498---Bail---Observation of the Court---Scope---Observations made in the bail order are tentative in nature and are limited to the bail plea of the accused---Bail order should not prejudice the mind of the Trial Court during the trial. Citation Name: 2025 MLD 529 PESHAWAR-HIGH-COURTBookmark this Case Naik Nawaz VS State S.497---Penal Code (XLV of 1860), Ss. 365-B, 506, 452 & 34---Kidnapping, abducing or inducing woman to compel for marriage etc., criminal intimidation, house-trespass after preparation for hurt, assault or wrongful restraint, common intention---Bail, refusal of---Allegations against the accused-petitioner were that he along with his co-accused persons trespassed the house of complainant, kidnapped her minor daughter for the purpose of illicit intercourse and also took Kalashnikov of complainant's husband---Perusal of the record revealed that the petitioner/accused, along with the absconding co-accused, stood directly charged for a daylight occurrence in a promptly lodged FIR for brazenly trespassing the house of the complainant and abducting her barely 10 years old daughter for the despicable purpose of illicit intercourse---Abductee had not been recovered and remained missing ---Considering the societal stigma associated with such crimes, which patently tarnish the honour of the victim's families for decades, it was highly improbable that the complainant would falsely accuse someone by putting the honour and reputation of his/her family members and the abductee at risk for the remainder of their lives---Therefore, in the absence of compelling evidence to the contrary, it could not be reasonably argued that the petitioner had been falsely implicated---Abduction of women and/or girls of such tender age, that too, from their own homes for the purpose of illicit intercourse, not only constituted a grave immoral offence, but also amounted to a crime against society as a whole---Such offence was against the religion of Islam, Constitution, morality and was detrimental to children, the most vulnerable segment of a society---Tentative assessment of the record revealed that reasonable grounds did exist, which prima facie showed the involvement of the petitioner in perpetrating the offence---Offence under S.365-B, P.P.C., is heinous and carried capital punishment, falling within the barring provision of S.497 Cr.P.C---Bail petition was dismissed, in circumstances.

Naik Nawaz vs State 497 & 498 — 2025 MLD 529 PESHAWAR-HIGH-COURT

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