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2007 YLR 2807

FAYYAZ AHMAD vs THE STATE

Citation2007 YLR 2807
CourtLahore High Court
Case No.Criminal Miscellaneous No.l225/B of 2005/BWP,
Date2006-02-17
Judge(s)Muhammad Jehangir Arshad
ResultBail granted

ORDER

' MUHAMMAD JEHANGIR ARSHAD, J.--The petitioners being accused in caSfe F.I.R. No. 220 dated 5-6- 2005 under section 11/10(2), Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 Police Station Khairpur Tamewali, seek post-arrest bail in the said case, on the ground that Fayyaz petitioner No.l has contracted marriage with Mst. Shehnaz Mai with her free consent and will and that Haji Muhammad Zaman petitioner No.2 has been falsely involved. It is further argued that in view of the mandatory provisions of section 156-B, Cr.P.C. The petitioners have been arrested without permission from the court.

2. On the other hand, learned counsel for the complainant has opposed the prayer on the ground that Fayyaz petitioner No.l having Jready contracted two marriages has no / allegedly contracted third marriage with T/1st. Shehnaz.

3. Mst. Shehnaz the alleged abductee/ accused is present in Court and has in unequivocal terms confirmed her marriage with Fayyaz petitioner and denied her alleged abduction by any person including the petitioners. Photocopy of Nikahnama is also available on the record, whereby marriage of Fayyazv petitioner No. 1 and Mst. Shehnaz Mai took place on 18-10-2004.

4. In view of the above circumstances, when Mst. Shehnaz Mai admits her Nikah with Fayyaz petitioner No.l and denies the allegations of the complainant abput her abduction and that petitioners have been arrested without following the procedure as laid down in section 156-B, Cr.P.C., this petition is allowed and the petitioners are. Admitted to bail subject to their furnishing bail bonds in the sum of Rs.50,000/- each with one surety each in the like amount to the satisfaction of D.R.(J) of this Bench.

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