Case Details

Citation(s)
2010 SLG 2892 = 2010 SLD 2892 = 2010 MLD 363
Lahore High Court
Criminal Miscellaneous No. 2604-B of 2006, decided on 21st September, 2006.
Maulvi Anwar-ul-Haq, J

ALI MUHAMMAD---Petitioner

VERSUS

THE STATE---Respondent

Law:

Section:

MAULVI ANWAR-UL-HAQ, J.---The petitioner was arrested on 30-6-2003 in case F.I.R. No.134, dated 9-8-2003 under sections 13/14 of (Enforcement of Hudood) Ordinance, 1979 read with sections 380/381-A//337-J/411, 'P.P.C. at Police Station Kot Mubarak, District Dera Ghazi Khan. His bail application has been rejected by a learned Additional Sessions Judge, Dera Ghazi Khan, on 31-7-2006.   Learned counsel for the petitioner contends that her client is not nominated in the F.I.R. He was named along with one Esa in a supplementary statement recorded several months after the registration of the said F.I.R. whereas the said Esa has been granted bail by this Court vide order, dated 15-7-2004 in Criminal Miscellaneous No.1938-B of 2004. According to her, he was abroad to work for gain and surrendered himself immediately after his return. She further contends that Mst. Zainab has filed a suit for jactitation against the complainant which is pending. Learned counsel for the complainant assisting the learned counsel for the State contends that the role attributed to the petitioner is distinguishable from the case of Esa as he had made the travelling arrangements for Mst. Zainab to travel abroad: According to this Mst. Zainab as well as Mahmood were placed behind the bars by the Saudi Government and then deported.   I have gone through the available records. According to the contents of the F.I.R., the complainant married Zainab 3/4 months ago whereas he was already married with Ruqia who bore him five children. His brother-in-law Ghulam Hassan was not happy and had gone to Saudi Arabia. He returned two months…
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