2012 PLP 1958 (MLD)
MUSHTAQ — Petitioner Versus THE STATE and another — Respondents
| Citation | 2012 PLP 1958 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUSHTAQ — Petitioner Versus THE STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2012 PLP 1958 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2012 PLP 1958 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 PLP 1958 (MLD) (MUSHTAQ — Petitioner Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Yousaf Zubair for Petitioner.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), S.365-B
Kidnapping, abducting or inducing woman to compel for marriage etc.
Plea raised by the counsel for accused was that alleged abductee had contracted marriage with accused, which was performed in the presence of the witnesses by a Nikah Khawan
Police, during investigation, had reached at a conclusion that the abduction of the alleged victim was not established from the record
Victim of the case, had not approached any Family Court seeking jactitation of marriage
Matter of existence of Nikah between accused and the victim, was yet to be probed by the Trial Court
Case being fit for, grant of bail, accused was admitted to bail, in circumstances.
Judgment & Decree
SYED MUHAMMAD KAZIM RAZA SHAMSI, J.
Mushtaq, petitioner through the instant criminal miscellaneous petition seeks his release on bail in case arising out of F.I.R. No.12, dated 10-1-2012, registered under section 365-B, P.P.C. with Police Station Makhdoom Rasheed District Multan, for abducting Mst. Sumaira Bibi and raping her.
2. Parties heard. Record perused.
3. As per plea raised by the learned counsel for the petitioner Mst. Sumaira Bibi had contracted marriage with the petitioner which was performed in the presence of the witnesses by a Nikah Khawan. During investigation, the police reached at a conclusion that the abduction of the victim Mst. Sumaira Bibi is not established from the record as the witnesses of Nikah have filed their affidavits and made statements about existence of Nikah between the spouses. The victim of the case till-date has not approached any Family Court seeking jactitation of marriage. The matter of existence of Nikah between the petitioner and the victim is yet to be probed by the learned trial court. In the circumstances, it is a fit case for grant of bail to the petitioner.
4. In view of the above, this petition is allowed and the petitioner Mushtaq is admitted to bail subject to his furnishing bail-bonds in the sum of Rs.100,000 (Rupees One hundred thousand only) with one surety in the like amount to the satisfaction of the learned trial Court. HBT/M-243/L???????????????????????????????????????????????????????????????????????????????????? Bail granted.