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2012 MLD 1958

MUSHTAQ vs THE STATE and another

Citation2012 MLD 1958
CourtLahore High Court
Case No.Criminal Miscellaneous No,1041-B of 2012
Date2012-05-29
Judge(s)Syed Muhammad Kazim Raza Shamsi
ResultBail granted

ORDER

' SYED MUHAMMAD KAZIM RAZA SHAMSI, J.---Mushtaq, petitioner through the instant criminal miscellaneous petition seeks his release on bail in case arising out of F.I.R. No,12, dated 10-1-2012, registered under section 365-B, P.P.C. With Police Station Makhdoom Rasheed District Multan, for abducting Mst. Sumaira Bibi and raping her

2. Parties heard. Record perused.

3. As per plea raised by the learned counsel for the petitioner Mst. Sumaira Bibi had contracted marriage with the petitioner which was performed in the presence of the witnesses by a Nikah Khawan. During investigation, the police reached at a conclusion that the abduction of the victim Mst. Sumaira Bibi is not established from the record as the witnesses of Nikah have filed their affidavits and made statements about existence of Nikah between the spouses. The victim of the case till-date has not approached any Family Court seeking jactitation of marriage. The matter of existence of Nikah between the petitioner and the victim, is yet to be probed by the learned trial court. In the circumstances, it is a fit case for grant of bail to the petitioner.

4. In view of the above, this petition is allowed and the petitioner Mushtaq is admitted to bail subject to his furnishing bail-bonds in the sum of Rs,100,000 (Rupees One hundred thousand only) with one surety in the like amount to the satisfaction of the learned trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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