Pakistan Case Lawโ† Search
2003 P Cr. L J 825

MAKHAN vs THE .STATE

Citation2003 P Cr. L J 825
CourtSindh High Court
Case No.Criminal Bail Application No,291 of 2002
Date2002-11-01
Judge(s)Mushir Alam
ResultBail granted

ORDER

1. ' The applicant claims bail in Crime No,54 of 2001 under sections 11/16, Offence of Zina (Enforcement of Hudood) Ordinance registered at Police Station Peerumal.

2. ' The allegations against the applicants are that he alongwith other co-accused abducted the daughter of the complainant Mst. Ameena. All other accused were apprehended except accused Ghulam Mustafa who it is alleged by the learned counsel for the applicant had married the alleged abductee and the copies of the affidavit of free will and Nikahnama have been placed by the learned counsel. Said documents were obtained from the police. According to learned counsel since on account of absconsion of the principal accused case has not proceeded and even proceedings under sections 87 and 88, Cr.P.C. Have not yet been commenced and trial is not likely to take place. He has relied on the cases of Murad v. The State 1989 MLD 643. Mst. Razia Nawaz alias Razia Bano v. The State and 2 others PLD 2001 Lah. 42 and Muhammad Ali v. The State 2001 YLR 2843. Challan has been submitted on 25-11-2001. The applicant was apprehended on 9-3-2002. It is stated that since then no charge has yet been framed and the matter is not likely to conclude as the learned trial Court is on leave and the link Judge does not proceed with the case on merit.

3. ' In the circumstances and in view of the case-law relied upon by the learned counsel the applicant is admitted to bail, however, subject to furnishing surety in the sum of Rs,2,00,000 (Rupees two lacs) and P.R. Bond in the like amount to the satisfaction of learned trial Court.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch