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MUSHTAQ AHMAD versus THE STATE


Criminal Code of Conduct (CCPC) Section 497, grant of the accused to kidnapping and abusing the named accused and instructing the police to delay the kidnappers in the case report, explained the fact that Dr. Has given the accused 17 years of age, not as a guarantor in the circumstances

1986 P Cr. L J 2685

[Lahore]

Before Ijaz Nisar, J

MUSHTAQ AHMAD Petitioner

Versus

THE STATE‑‑Respondent

Criminal Miscellaneous No. 810/B of 1986, decided on 19th April, 1986.

Criminal Procedure Code (V of 1898)‑‑--

‑‑‑S. 497‑‑Bail, grant of‑‑Charge of abduction and rape‑‑Accused named in F.I.R. and also instatement of abductee‑‑Delay in reporting matter to Police, explained‑‑Mere fact that doctor has given age of accused as 17 years, held, would not as of right entitle accused to bail in circumstances.

Muhammad Nawaz Sulehria for Petitioner.

Salim Shad for the State.

Date of hearing: 19th April, 1986.

ORDER

The petitioner alongwith others stands charged with the abduction of Mst. Nasreen Akhtar (19) and subjecting her to Zina‑bil‑jabr.

Bail is urged on the ground that there is a delay of three months in reporting the matter to the police and further that the petitioner according to the medical examination is 17 years of age.

3. The petitioner is named in the F.I.R. as also in the statement of the abductee made by her under section 164; Cr.P.C. She has levelled allegation of rape against the petitioner. The mere fact that the doctor has given the age of the petitioner as 17 years will not as of right entitle him to bail. The delay in reporting the matter to the police has been explained.

Keeping in view the nature of the allegation against the petitioner. I do not consider him entitled to bail and accordingly dismiss the application.

S.A. Application dismissed.

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