| Citation(s) |
|---|
| 2010 SLG 2010 2010 SLD 2010 KLR 318 |
Sindh High Court
Criminal Bail Application No. 323 of 2003, 31st March, 2003
MUHAMMAD SADIQ LEGHARI, J
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Criminal Bail Application No. 323 of 2003, 31st March, 2003
MUHAMMAD SADIQ LEGHARI, J
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Ghulam Abbas And Another
VS
The State
Law:
Section:
Keywords: Trial Court, Order, Nikahnama, Plea, Investigation, Inter Se, Talaq, Satisfaction, Procedure, Concession Of Bail, Evidence, Surety, Abduction, Enforcement Of Hudood, Kidnapping, F.I.R, Bail After Arrest, Pronouncement Of Talaq, Validity, Enforcement Result: Bail after arrest granted ORDER M. SADIQ LEGHARI, J. - On 11.4.2002 Abdul ( Shakoor gave application to T.P.O. Gadap alleging therein f substantially that Ghulam Abbas and seven other persons, out of whom four nominated by him, came in a Suzuki Pick up and forcibly kidnapped his minor son Aslam, wife Bashiran and also took away valuables including jewelleries. The application was converted into F.I.R. On 13.4.2002, where after the investigation was started. The investigation reveals that the allegation about the kidnapping, abduction and robbery were not substantiated. However, the Investigation Officer reached the conclusion that Bashiran had been taken away by Ghulam Abbas and they had illegally performed Nikah during subsistence of earlier Nikah with Complainant Abdul Shakoor, therefore, the challan was submitted under Section 10(2) read with 16, Offence of Zina (Enforcement of Hudood) (Ordinance, 1979. The bail plea of the applicant could not succeed before the learned Trial Court and was turned down by order dated 8.2.2003. After that the present application has been filed. The main argument on behalf of the applicant is that Abdul Shakoor, who was husband of Bashiran, had divorced her on 12.6.2001 by executing written document in presence of two witnesses. It has been contended on behalf of…
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