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2000 P Cr. L J 768

ABDULLAH alias MALLI vs THE STATE

Citation2000 P Cr. L J 768
CourtLahore High Court
Case No.Criminal Miscellaneous Application No,1245/B of 1998
Date1998-08-06
Judge(s)Tanvir Ahmed Khan
ResultBail granted

ORDER

1. ' Petitioner through this application has sought post-arrest bail in a case registered vide F.I.R. No,211 of 1997 under section 302/364/34, P.P.C. At Police Station Kabeer, District Sahiwal on 28-8-1997.

2. ' It is the case of the prosecution that the co-accused Shehbaz took Mst. Sakina Bibi mother of the complainant in a clandestine manner by telling that her services were required to resolve a family dispute. On the same day the complainant was informed by Mithu and Manzoor Hussain P. Ws.

3. That her mother was seen in the company of aforesaid Shehbaz and Shaukat alongwith present petitioner. Subsequently, it came to notice that there was no family dispute and the complainant's mother was taken by Shehbaz co-accused for some ulterior motive.

4. ' The motive behind this occurrence was that sister of Shehbaz was married to the complainant and latter's sister Maryam was married to the maternal-uncle of Shehbaz in exchange. Said Maryam was abducted and hence Shahbaz insisted that the complainant be given the hand of his younger daughter to him. Mst. Sakina resisted this proposal.

5. ' Bail is sought on the ground that petitioner has been implicated in a mitt fide manner simply on the allegation that they accompanied main culprit i,e, their co-accused Shehbaz. No recovery whatsoever has been effected from them and they are in jail for the last about 8 months.

6. ' Learned State Counsel has simply stated that petitioner was last seen with the deceased Mst.

7. Sakina by the witnesses.

8. I have considered the contentions. I have noticed that the dead body of the deceased Mst. Sakina was recovered at the pointation of Shehbaz and Shaukat co-accused. It was an unseen murder.

9. The motive in this case is mainly attributed to Shehbaz co-accused. They have simply been implicated for the reason that they were seen by the witnesses with the deceased alongwith co- accused Shehbaz to whom motive has been attributed. In these circumstances keeping in view the role of the petitioner, I admit him to bail provided he furnishes bail bond in the sum of Rs,2 lacs with two sureties each in the like amount to the satisfaction of Judicial Magistrate.

Cited by 3 cases

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