LIAQUAT ALI vs THE STATE
This bail application arises from a criminal case registered at Police Station Daharki, where the applicant, Liaquat Ali, sought post-arrest bail regarding charges under sections 452, 365-B, 363, 147, 148, and 149 of the Pakistan Penal Code 1860. The prosecution alleged that the applicant and his companions kidnapped the complainant's daughter and niece. The core legal question was whether the applicant was entitled to bail given the evidence presented, specifically documents indicating that the alleged abductee had filed a suit for dissolution of marriage against her husband prior to the registration of the FIR and had obtained a harassment order against local police. Upon reviewing the material, the Court held that the applicant successfully established a case for further inquiry. Consequently, the Court granted post-arrest bail to the applicant, subject to the furnishing of solvent surety. The Court emphasized that these observations were tentative and intended solely for the disposal of the bail application, ensuring they would not prejudice the trial court's independent appraisal of the evidence on its merits.
- Does the existence of a prior civil suit for dissolution of marriage by the alleged abductee constitute grounds for further inquiry in a kidnapping case?
- Can a harassment petition filed by an alleged abductee against police officials be considered during the adjudication of a bail application for the accused?
- Is a court's observation during a bail hearing binding on the trial court during the subsequent trial?
- Section 452, Pakistan Penal Code 1860
- Section 365-B, Pakistan Penal Code 1860
- Section 363, Pakistan Penal Code 1860
- Section 147, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
1. 'SYED SHAFQAT ALI SHAH MASOOMI, J.---Applicant Liaqat Ali Soomro has filed this application seeking bail after arrested as he wanted in Crime No,83 of 2009 registered at Police Station, Daharki for offence under sections 452, 365-B, 363, 147, 148, 149, P.P.C.
2. According to the F.I.R. Lodged by complainant Ali Akber on 19-3-2009 at 1430 hours it is alleged against the present applicant that he along with his other companions duly armed forcibly dragged Mst. Shabana daughter of complainant and Mst.Najma niece of complainant and then went away in Jeep Potohar by kidnapping them; hence the F.I.R. Was lodged as stated above.
3. 'Heard the learned counsel for the applicant as well as learned Assistant P.G. And perused the material available on record.
4. In support of the case, the learned counsel has filed the statement along with the documents, which are taken on record viz. The suit for dissolution of her marriage against her husband Kabeer Ahmed filed by Mst. Shabana on 17-1-2009 in Rahimyar Khan District, which was decreed on 22-5- 2009, whereas the F.I.R. Was registered on 19-3-2009. He has also filed copy of the order dated 24- 6-2009 passed by learned ASJ/Justice of Peace, Sadiqabad on the harassment petition, which was filed on 16-6-2009 by Mst. Shabana against S.H.O. City Sadiqabad and in which the S.H.O. Was restrained not to cause illegal harassment to the abductee Mst. Shabana.
5. 'For the foregoing reasons, the applicant has been able to make out a case of further enquiry.
6. Applicant is therefore admitted to bail subject to his furnishing a solvent surety in the sum of Rs,400,000 (Rupees four lac only) and P.R. Bond in the like amount to the satisfaction of the learned trial Court.
7. 'However, the observations made herein above are tentative in nature for the purpose of only disposal of bail application and may not influence the mind of trial. Court, which is free to appraise the evidence strictly according to merits of the case. Bail application No,462 of 2009 stands disposed of.