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2007 YLR 3125

SHAHNAZ ANWAR vs BABAR and others

Citation2007 YLR 3125
CourtSindh High Court
Case No.Civil Petition No,D-1401 of 2006
Date2007-02-15
Judge(s)Sarmad Jalal Osmany, Ali Sain Dino Metlo
ResultBail granted

ORDER

1. ' A report has been filed by the City. Police according to which re-investigation is in progress.

2. Learned Additional Advocate-General Sindh says that once re investigation is ordered under Article 3 (6) of the Police Order, 2002, then a Panel has to be formed for the above purpose which is non functional.

3. ' Learned counsel for the petitioner says that in the facts and circumstances of the case particularly from the report of Mr. Mir Zubair Mahmood, DIG (Investigation), it is quite clear that the cases against the husband of the petitioner have been fabxicated as the police have arrested the petitioner's husband on 12-6-2006 whereas the petitioner, her husband and children were kidnapped by some persons on 22-5-2006 whereafter she along with her children were kept in unlawful custody and finally F.I.Rs against her husband were lodged as Crime No-247/06, 248/06 and 249/06 under sections 420, P.P.C, 6/9 CNS Act and 13-D of the Arms Ordinance all of P.S. Bughdadi. Hence he prays that the petitioner's husband may be released on bail on very nominal surety as he is a very poor man and cannot offer heavy surety.

4. ' In the facts and circumstances of the case, learned Additional Advocate General has no objection to the prayer made by learned counsel for the petitioner.

5. ' We have heard both the learned counsel as well as learned Additional Advocate-General.

6. ' In our opinion, it is quite strange that how the arrest in question has been shown on 12th June, 2006 whereas as per the investigation report and the letter sent by the petitioner to the concerned authorities she along with her family were kidnapped on 22nd May, 2006. In our opinion this fact alone entitles the A petitioner's husband, Anwar Yaseen for bail. Consequently, we would grant bail to the petitioner's husband, Anwar Yaseen in Crime- Nos.248 and 249 of 2006 all of Police Station Bughdadi, provided he submits surety in the sum of Rs,50,00 and P.R. Bond in like amount in both cases to the satisfaction of the learned trial Court.

7. ' The final report of the reinvestigation shall be made available before this Court within two weeks from today.

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