ABID HUSSAIN and another vs Mst. GHULAM SADIQAN and another
This matter arose from petitions filed before the Supreme Court of Pakistan challenging the orders dated 7th September 2004 and 4th November 2004 passed by the Lahore High Court, pursuant to which a First Information Report (FIR) had been registered under Section 363 of the Pakistan Penal Code 1860 against the father of two minor children. Counsel for the petitioners contended that an FIR under Section 363 of the Pakistan Penal Code 1860 could not legally be registered against a father on the allegation of abducting his own minor children. The Supreme Court observed that the father himself was not before the Court, whereas the petitioners were also involved in the criminal case. Consequently, the Supreme Court disposed of the petitions with the observation that the petitioners may approach the trial court for their release on bail. The Court further directed that if such a bail application is moved, it must be decided independently by the trial court without being influenced by the impugned High Court orders.
- Whether the Supreme Court may direct petitioners involved in an FIR to seek bail before the trial court rather than deciding substantive merits in their petition?
- Whether a bail application filed by co-accused must be decided by the trial court independently without being influenced by antecedent High Court orders?
- Section 363, Pakistan Penal Code 1860
ORDER
' IFTIKHAR MUHAMMAD CHAUDHRY, ACTG. C.J.--Listed petitions are directed against the order dated 7th September, 2004 and 4th November, 2004 passed by the Lahore High Court, Lahore.
2. It is informed that in pursuance of last mentioned order a F.I.R. Has been registered against Sajjad Hussain father of minors namely Anam Sajjad and Iqra Batool.
3. Learned counsel stated that under section 363, P.P.C. a case cannot be registered against the father on stated allegation of abduction of the minor children.
4. It may be noted that the father of the minors against whom case has been registered is no before the Court. So far as petitioners are concerned they are also involved in the case, therefore, we dispose of these petitions with the observation that they may approach learned trial Court for their release on bail and if such application is moved that would be disposed of independently without being influenced in any manner from the impugned order referred to hereinbefore.
' Thus, with the above observation petitions stand disposed of.