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PLJ 2008 Cr.C. (Lahore) 612

MUHAMMAD JAN and-another vs STATE

CitationPLJ 2008 Cr.C. (Lahore) 612
CourtLahore High Court
Case No.Cr1. Misc. 1313-B of 2007
Date2007-09-19
Judge(s)Iqbal Hameed-ur-Rehman
ResultBail allowed

ORDER

The petitioners seek post-arrest bail in case FIR No, 7 dated 29.12.2006 registered under Sections 324, 365-H, 395, 448, 148 and 149 PPC at B.M.P. Police Station Koshaba Sori, Tribal Area, District Dera Ghazi Khan.

2. Originally the petitioners were not named in the FIR but were arrested on the allegation that they played their part of preparation of fake nikahnama of abductee with Muhammad Siddique co- accused and also harboured the offender.

3. It is contended by learned counsel for the petitioners that the petitioners have been falsely implicated in this case as they are witnesses to the nikah of Mst. Amna Mai alleged abductee with the co-accused Muhammad Siddique; that no recovery has been effected from the petitioners; that the petitioners are not nominated in the FIR and that the main accused Muhammad Siddique has been allowed bail by the learned Sessions Judge, D.G. Khan, vide order dated 10.9.2007 and the petitioners are also entitled to the grant Of bail in view of the rule of consistency.

4. On the other hand, bail has been opposed by the learned DPG.

5. Arguments heard. Record perused.

6. The petitioners are not nominated in the FIR. They are only witnesses to the nikah of Mst. Amna alleged abductee with the co accused Muhammad Siddique, who has been allowed bail by the learned Sessions Judge D.G. Khan, vide order dated 10.9.2007. As such, the petitioners are also entitled to the grant of bail in view of the rule of consistency. Relying upon the cases of Imtiaz vs. The State (2006 P.Cr.LJ 1107), Aurangzeb alias Ranga vs. The State (PLJ 1991 Cr.C. 394) and Fida Hussain vs. The State and others (2002 PSC (Crl.) 76) and following the rule of consistency, the petitioners are allowed bail subject to their furnishing bail bonds in the sum of Rs, 50,000/- (rupees fifty thousand only) each with one surety each in the like amount to the satisfaction of the trial Court.

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