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1993 P Cr. L J 2578

MUHAMMAD AFZAL vs NAZAR MUHAMMAD and others

Citation1993 P Cr. L J 2578
CourtLahore High Court
Case No.Criminal Misc. No,106/CB of 1993
Date1993-04-06
Judge(s)Munir A. Sheikh
ResultPetition dismissed

ORDER

' Through this application petitioner seeks cancellation of bail granted to respondent No,2 by this Court in Criminal Miscellaneous No,1691/B of 1992 on 23-12-1992 and to respondent No,1 by learned Additional Sessions Judge, Multan through order, dated 26-12-1992. The allegation against respondents Nos.1 and 2 was that they had illicit relations whereas Nazar Muhammad respondent No,1 was already married to one Maryam. Maryam filed suit for jactitation of marriage against respondent No,1 alleging that he having divorced her could not claim to be her husband. This suit was decreed by the learned Judge, Family Court. Against the said decree, the petitioner alongwith others filed an application for setting it aside which has been dismissed against which order an appeal filed by the petitioner and others was also dismissed in default. Application for restoration of the said appeal is pending before the appellate Court.

2. The bail was granted to respondent No,2 by this Court on the ground that Maryam had obtained decree for jactitation of marriage therefore the very basis that the respondent had developed illicit relations during the continuation of respondent No,1's marriage with Maryam was prima facie not available. No ground has been made out for cancellation of bail granted to the respondents Nos.1 and 2 particularly in view of the fact that this Court in Criminal Miscellaneous No,127/0 of 1992 has directed the trial Court to dispose of application of the respondents/accused persons under section 265-K, Cr.P.C. Dismissed.

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