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1988 PCRLJ 1322

GHULAM MUSTAFA VS THE STATE

Petitioner: GHULAM MUSTAFA VS Respondent: THE STATE

Court: Lahore High Court

Full Judgment Text & Judicial Ruling

1988 P Cr

1988 P Cr. L J 1322

[Lahore]

Before Fazal Karim, J

GHULAM MUSTAFA‑‑Petitioner

versus

THE STATE‑‑Respondent

Criminal Miscellaneous No. 971/ B of 1986, decided on 2nd November, 1987.

Criminal Procedure Code (V of 1898)‑‑

‑‑‑S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.11 & 18‑‑Bail, grant of‑‑Accuses driving car in which alleged abduction attempted by co‑accused‑‑Accused having no relationship with co‑accused claiming to be taxi driver for taxi hired by co‑accused‑‑Question of guilt of accused, held, needed further enquiry‑‑Bail allowed in circumstances.

Abdul Aziz Khan Niazi for Petitioner.

Jamshed Hayat for the State.

Date of hearing: 2nd November, 1987.

JUDGMENT

The petitioner alongwith three others is an accused of abduction of Mst. Sharifan, aged about 8/9 years, Mst. Sharifan is the daughter of Shakoor, complainant. One of the accused, named, Zaffar, is a brother‑in‑law of Shakoor. It is stated that Zaffar wanted the hand of Mst. Sharifan and as the complainant did not agree to do so he tried to abduct Mst. Sharifan in a car. According to the F.I.R. Ghulam Mustafa petitioner was driving the car in which the abduction was attempted. He is not related to Zaffar. It also appears that the car belongs to one Abdul Ghaffar who had later taken it on Sepurdari. The petitioner's case is that his car was hired as a taxi and that he was not a party to the act of that abduction. The attempt of abduction was frustrated at the spot. In these circumstances, it appears that the question of the guilt of the petitioner is one of further enquiry. I would, therefore, allow the petitioner to be released on bail on his furnishing bail bonds in the sum of Rs.10,000 (Rupees ten thousand) with one surety in the like amount to the satisfaction of A.C./Illaqa Magistrate, Multan.

S.A./G‑134/ L Bail allowed.

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