2009 PLP 82 (YLR)
ASHIQ HUSSAIN — Applicant Versus THE STATE — Respondent
| Citation | 2009 PLP 82 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Khawaja Naveed Ahmed, J |
| Parties | ASHIQ HUSSAIN — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2009 PLP 82 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP 82 (YLR)?
The case was heard and decided by the Karachi bench comprising: Khawaja Naveed Ahmed, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 82 (YLR) (ASHIQ HUSSAIN — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 498
Penal Code (XLV of 1860), Ss.365-B/494/148/149
Pre-arrest bail, confirmation of
Accused appeared before he High Court along with alleged abductee and produced Nikahnama claiming that he had not abducted her, but she being sui juris, out of her free-will had performed Nikah with him and they both were living as husband and wife
Complainant had not come in court and was not pursuing the matter
Wife (alleged abductee) of accused was a young girl and had validly married with accused
Accused was taking care of the girl and she appeared to be happy
Alleged allegation of previous marriage of alleged abductee and leaving the ex-husband without obtaining divorce had not been substantiated through evidence before the Investigating Officer by the complainant
Alleged ex-husband had not come forward
State counsel as well as Additional Prosecutor General were not in a position to controvert the ground reality--Interim pre-arrest bail granted to accused was confirmed on the same terms and conditions. S.M. Iqbal for Applicant. Salim Akhtar, Additional Prosecutor-General and Muhammad Bux, for the State.
Judgment & Decree
KHAWAJA NAVEED AHMED, J.
This pre-arrest Bail Application has been moved by accused Ashiq Hussain, who is apprehending his arrest in case F.I.R. No. 150 of 2008, under sections 365-B/494/148/149 P.P.C., Police Station Shandadkot. The applicant has appeared before this Court along with the alleged abductee Zoya and has produced Nikahnama and has claimed that he had not abducted her but she being sui juris, out of her free-will had performed nikah with him and they both are living as husband and wife. This Court by order dated 1-8-2008 had provided protection to Mst. Zoya also, though there was no application on her behalf. It was ordered that she should also not be arrested in this case till further orders. I have heard Mr. S.M. Iqbal, learned counsel for the applicant, Mr. Salim Akhtar, learned Additional Prosecutor General, Mr. Muhammad Bux, learned counsel for the State. Learned counsel for the applicant states that the applicant being sui juris has exercised her free-will and performed nikah with the present applicant and as such has not committed any offence. Mr. Salim Akhtar, learned Additional Prosecutor General and Mr. Muhammad Bux, learned counsel for the State have stated that one uncle of her Ex-husband after lodging F.I.R. had put the government machinery into motion for recovery of the girl. They further stated that during four months period her alleged ex-husband has not appeared before the police or before the Court. The complainant has also not come in Court and is not pursuing the matter. The applicant's wife is a young girl and has validly married with the applicant. He is taking care of the girl and she appears to be happy. The allegation of her previous marriage and leaving the ex-husband without obtaining divorce has not been substantiated through evidence before the Investigating Officer by the complainant. Her ex-husband has not come forward up-till now. In such circumstances, the learned counsel for the State as well as learned Additional Prosecutor General are not in a position to controvert the ground reality. As such, the interim pre-arrest bail granted to applicant Ashiq Hussain is hereby confirmed on the same terms and conditions. Mst. Zoya wife of applicant has not applied for bail. The interim protection order issued in her favour earlier on 1-8-2008 shall continue till further orders. The applicant is directed to co-operate with Investigating Officer. H.B.T./A-136/K Bail confirmed.