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1995 P Cr. L J 688

SHAH DIN vs THE STATE and 3 others

Citation1995 P Cr. L J 688
CourtLahore High Court
Case No.Criminal Miscellanteous No,1630/CB of 1994
Date1994-11-15
Judge(s)Sh. Abdul Manan
ResultPetition dismissed

ORDER

' This is an application for cancellation of bail granted to respondents 2, 3 and 4 vide order, dated 5-10-1994 of the Additional Sessions Judge, Sahiwal.

2. Facts of the case are that one Shah Din complainant recorded F.1.R. No,58, dated 7-2-1994 under section 11 of Offence of Zina (Enforcement of Hudood) Ordinance V1I of 1979 Police Station Kassowal, District Sahiwal for the abduction of his daughter Mst. Razia Sultana respondent No,3 and subsequently section 10 of the Ordinance was also added. It appears that the abductee Mst. Razia Sultana was previously married but notice of Talaq was issued to her and thereafter she married respondent No,2 Zafar Iqbal and out of this wedlock there is one minor namely Mazhar Iqbal. Razia Sultana is present alongwith the minor. According to her she has married to Zafar Iqbal. Learned lower Court granted bail after considering the facts of the case by observing that "so far as the Nikah with Khalid Hussain is concerned it must be made clear that as per Talaqnama no Rukhsati had taken place between them and effect of revocation of notice of Talaq definitely needs further inquiry as Zafar Iqbal and Razia thereafter entered into a Nikah with each other after obtaining certificate from religious scholar long after the revocation of aforesaid Talaq. A son has already been born to Razia who is reported to be now with her in jail.

3. Learned counsel for the petitioner Shah Din also states that the alleged previous husband Khalid Hussain has already filed a suit for restitution of conjugal rights. However, the same is still pending disposal. The petitioner/complainant is present while Khalid Hussain, the alleged previous husband is absent. There are several persons appearing on behalf of the petitioner as well as on behalf of the respondents and they seem to be residents of the same locality.

4. After hearing the learned counsel for the parties and. State Counsel I am of the opinion that there is no illegality committed by the learned lower Court in granting bail to all the respondents. It is certainly a case of further enquiry as is observed by the learned lower Court.

' In view of above no case is made out for the cancellation of bail and this application is dismissed.

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