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1993 MLD 2213

MUHAMMAD WARRAS vs THE STATE

Citation1993 MLD 2213
CourtLahore High Court
Case No.Criminal Miscellaneous No, 1259-B of 1993
Date1993-05-11
Judge(s)Muhammad Amir Malik
ResultBail refused

ORDER

' Mst. Sajida Naurin deceased, sister of the petitioner, was abducted by Muhammad Arshad complainant, case was reported against him but on the favourable statement of Mst. Sajida Naurin, he was acquitted.

2. Giving this background Muhammad Arshad made report to the police on 29-8-1992 that his wife Mst. Sajida Naurin alongwith their daughter Sadia (one year) left for a village by a bus for condolence on 24-8-1992 and in the same bus her brother, the petitioner, was travelling. Suspicion was expressed that she had been forcibly taken away and might be murdered.

3. The dead bodies of Mst. Sajida Naurin and Sadia were found in an abandoned well in-between the two ages of the parties on 2-9-1992 and in post-mortem examination it turned out to be a case of strangulation to death.

3. Learned counsel for the petitioner has contended that it was a case of delayed F.I.R. and only evidence is of last seen and so the case calls for furtker inquiry. On the other hand, learned counsel for the complainant and the State have stressed the point that the motive was very strong, the petitioner dropped at the same bus stand where the two deceased dropped and Asghar Ali and Akram P.Ws. had seen the petitioner forcibly taking away but being brother nobody could object and that the police were approached but they did not register the case till the lady could had been found and unfortunately only the dead bodies could be found.

4. There was very strong motive. Not only that the sister of the petitioner had been abducted, salt was added to the injury when even in Court she made a favourable statement for Arshad and the case resulted in acquittal. The petitioner is the real brother of Mst. Sajida Naurin and was seen going in the same bus and dropped on the same bus stand wherefrom she was forcibly taken away and thereafter only the dead bodies could be recovered. No ground for bail at this stage. The petition is dismissed.

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