Tahir Khan vs State

JUDGEMENT SHEET

IN THE PESHAWAR HIGH COURT,

BANNU BENCH

(Judicial Department)

No. ___291-B__________ of..........2014

JUDGEMENT

Date of hearing:_________12.12.2014____________ Appellant-Petitioner : Tahir Khan by Shah Hussain Advocate.

Respondent: State by Qudrat Ullah Gandapur Asstt: A.G,

Complainant by Pir Inam Ullah

Shah Advocate.

MUHAMMAD YOUNIS THAMEEM, J.- Petitioner Tahir Khan alias Hafeez, who is charged in a case registered against him under Sections 379/109/496-A/365-B PPC vide FIR No. 149 dated 10.10.2014 in police Station Kakki, Bannu, has prayed for his release on bail mainly on the grounds that the complainant has charged him alongwith co-accused in the FIR after a delay of twenty days of the occurrence; that the abductee, being legally wedded wife of Muhammad Yousaf, brother of the petitioner and in this connection

submitted a copy of Nikah Nama available on file alongwith certified copies of the application under Section 22-A Cr.PC filed by the alleged abductee before the learned Sessions Judge/Ex-Officio Justice of Peace, Khushab and the order dated 07.11.2014 which makes the case of the petitioner one of further inquiry as the learned Sessions Judge/Ex-Officio Justice of peace has also given observations in his order and had confirmed the Nikah conducted between the brother of the petitioner and abductee.

2.I have gone through the record carefully and considered the submission advanced at the bar by the learned counsel for the parties.

3.The record reveals that the

complainant has charged the accused-petitioner alongwith co-accused in the FIR after a delay of twenty days of the occurrence. From material available on record it is yet to be determined that the sections of law would be attracted to the case or otherwise. Thus involvement of the petitioner in the commission of offence requires further enquiry, more so, when the offence for which the

petitioner is charged falls within the limb of section 497(2) Cr.PC. Therefore, this bail petition is allowed and the accused-petitioner is directed to be released on bail if he furnishes bail bonds in the sum of rupees one lac with two sureties each in the like amount to the satisfaction of the Illaqa/Judicial Magistrate, who shall ensure that the sureties are local, reliable and men of means.

Announced.

12th Dec.2014

JUDGE