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1992 P Cr. L J 1492

MUHAMMAD AFZAL vs THE STATE--

Citation1992 P Cr. L J 1492
CourtLahore High Court
Case No.Criminal Miscellaneous No.270/B of 1990
Date1990-04-24
Judge(s)Khizar Hayat
ResultBail granted

ORDER

Muhammad Afzal, petitioner herein, is accused of abducting Mst. Salam. A case has been registered at the instance of the abductee at Police Station Saddar, Rahimyar Khan, against four persons including the petitioner. The plea of the petitioner is that the abductee had contracted marriage with him of her own free will. He has relied on Nikahnama, dated 28-11-1989. Learned Additional Sessions Judge declined bail to the petitioner but allowed the same relief to the other co-accused. Feeling aggrieved thereby, the petitioner has preferred this hail petition.

2. Shahbaz Hussain states that the Nikahnama relied upon by the petitioner has been verified by Muhammad Ashiq Sukhera, D.S.P., who has observed that the case should be left to the judicial verdict.

3. In this view of the matter, the question whether the abductee is legally wedded wife of the petitioner or not, needs further inquiry, and the case is squarely covered under section 497(2), Cr.P.C. Consequently, I allow this petition and direct that the petitioner be released subject to his furnishing bail bond in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of trial Court.

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