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RANJHA versus STATE


Sections 497 and 498 of the Code of Criminal Procedure (CCPC) were accused of trying to kidnap a 10/11 year-old girl without accusing her of violating it in any way, Whether the accused was able to run away at the age of 10/11 or not, the girl raised her shoulder, a further bail was granted.

1984 P Cr. L J 2771

[Lahore]

Before Khizar Hayat, J

RANJHA--Petitioner

Versus

THE STATE--Respondent

Criminal Miscellanous No. 628-B of 1983, decided on 28th May, 1983.

Criminal Procedure Code (V of 1898)--

---Ss. 497 & 498--Bail--Accused charged with attempt to kidnap a girl of 10/11 years by lifting her away without allegation of violating her in any manner--Whether accused was able to run with a 10/11 years old girl carried on his shoulder, a matter of further enquiry--Bail granted.

Asif Saeed Khan Khosa for Petitioner.

Akhtar Masood for the State.

Date of hearing: 28th May, 1983.

ORDER

The petitioner was refused bail by Sessions Judge, Rajanpur twice i.e. on 30th March, 1983 and 26th April, 1983, therefore he has approached this Court for the grant of bail.

2. According to the prosecution, Mst. Shakila aged 10/11 years was cutting fodder near her house in the company of her grand-father at Digerwela on 4th March, 1983. The petitioner allegedly came there and lifted her forcibly and started running towards his house. He was joined on the way by Rashid, co-accused. The abductee raised hue and cry which attracted her mother, grand-mother and grand-father besides others. Seeing the witnesses approaching the petitioner released the abductee, made good his escape from the spot. In the afternoon a case was registered at the instance of the abductee herself. The petitioner as well as his co-accused were arrested. Rashid, co-accused, has since been released on bail by Sessions Judge on 30th March, 1983 while the bail plea of the petitioner was declined, hence this petition.

3. I have heard the learned counsel for the petitioner as well as for the State and also perused copy of the F. I. R. and other relevant documents appended with the petition.

4. The petitioner is charged with attempt to kidnap the girl and there is no allegation that he violated her in any manner. Again it needs further inquiry if it was possible for the petitioner to run with a 10/111 years old girl carried on his shoulder In the circumstances 1 am inclines; to' allow this petition. The petitioner, be released on bail subject to his furnishing a bond in the sum of Rs.10,000 .(Rupees ten thousand only; with one surety in the like amount to the satisfaction of Assistant Commissioner, Rajanpur.

M. Y. H. Bail granted.

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