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2009 YLR 1151

MUMTAZ alias MASHOOQ vs THE STATE

Citation2009 YLR 1151
CourtSindh High Court
Case No.Crl. Bail Application No,718 of 2008
Date2008-11-20
Judge(s)Farrukh Zia G. Shaikh
ResultBail granted

1. ' FARRUKH ZIA G. SHAIKH, J.---Applicant Mumtaz alias Mashooq by caste Shar has filed this Application under sections 497/498, Cr.P.C. Seeking bail, who is wanted in F.I.R Crime No,110 of 2008 registered at Police Station, Paddidan for an offence under sections 452, 365-B, 34, P.P.C.

2. ' Mr. Noor Muhammad Soomro, learned counsel appearing on behalf of the appellant has argued that originally the name of applicant, is Mumtaz whereas in the F.I.R, the complainant has shown the name of applicant as Mashooq, which shows clear mala fides on the part of complainant. He has submitted that there is a delay of two days in lodging of the F.I.R while distance of Police Station, from the place of wardat, is only 1 kilometer for which there is no plausible explanation. In the last he has stated that in fact no such incident has taken place as it is clear from the statement of alleged abductee Mst. Shahnaz before the learned Civil Judge and Judicial Magistrate 1st, Khirpur stating that she had left the house voluntarily due to fear of murder and if her custody was handed over to her parents or other relatives, she will be murdered and therefore, she was sent to Darul Aman, Sukkur.

3. ' Mr. Agha Ather Hussain, learned Assistant Advocate-General Sindh appearing on behalf of the State, has frankly conceded to the grant of bail.

4. ' I have heard the learned counsel appearing for the parties and with their assistance I have perused the material available on the record. Keeping in view that no objection extended by the learned Asstt. A.-G. Appearing on behalf of the State, I allow this application and grant bail to the applicant. He shall be released from Jail subject to furnishing surety in the sum of Rs,100,000 and P.R. Bond in the like amount to the satisfaction of the learned trial Court.

5. ' Bail application stands disposed of.

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