Case Details

Citation(s)
2019 SLG 62 2019 SLD 62 2019 PLJ 28
Lahore High Court
Crl. Misc. No. 6131-B of 2016, Decision & hearing Dated: 21.11.2016.
QAZI MUHAMMAD AMIN AHMED, JUSTICE
Petitioner(s) by: Syed Riaz-ul-Hassan Gillani, Advocate
Respondent(s) by: Mirza Abid Majeed, DPG Ch. Umar Hayat and Mr. Muhammad Ashraf Qureshi, Advocates

HUMAIRA KHAKWANI & 2 OTHERS

VS

STATE & ANOTHER

Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 420,468,471,506

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 420, 468, 471 & 506--Bail before arrest--Allowed--Allegation petitioners fabricated entries in a marriage certificate and inserted heavy dower--Litigation for recovery of dower is pending adjudication before Family Judge--Statement of secretary union council, who denied existence of record being relied upon by petitioner. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Statement of respondent husband of petitioner u/S. 161 of, Cr.P.C. has not been recorded nor any marriage certificate with contra entries to support accusation has been produced before the I.O. Even otherwise, petitioner remission into custody in view of protections available to a female under Section 167 of the code ibid would not serve any useful purpose relative to investigation--Allowed--Bail confirm. THIS ORDER PASSED BY: QAZI MUHAMMAD AMIN AHMED, JUSTICE---.--- Humaira Khakwani, her brother Touqeer Khan and father Faheem Khakwani, apprehending their arrest in a case registered vide FIR No. 296 dated 16-5-2016 under Sections 420, 468, 471 & 506 of the Pakistan Penal Code, 1860 with Police Station New Multan on the complaint of Mian kaleem Ullah, seek bail in anticipation thereto; it is alleged by the complainant, a special attorney of khalil Khadim, husband of Humaira Khakwani petitioner, that they fabricated entries in a marriage certificate and thereby inserted land measuring 144 kanal as dower in addition to 50 Tola gold ornament and a residential house, originally settled between the spouses a consideration for the marriage. The couple was blessed with son, however, the marriage went on rocks whereafter Khalil khadim, presently residing in Saudi Arabia, after soliciting permission from the union council contracted second marriage. Litigation for the recovery of gold ornaments and possession of the house, admitted components of dower a well as the disputed land, is pending adjudication before learned Family Judge side by side with a…
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