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Petitioner: MUHAMMAD SALEEM VS Respondent: THE STATE
Court Name: Sindh High Court Judge(s): Allah Dino G. Memon Title: MUHAMMAD SALEEM vs THE STATE Case No.:Criminal Bail Application No, 290 of 1988 and Miscellaneous Application
No,450 of 1988 Date of Judgment:1988-03-21 Reported As: 1989 P Cr. L J 457 Result: Bail granted Judgment ORDER ' Miscellaneous Application No, 450 of 1988. Exemption allowed. 2. The applicant is facing trial under section 11 of Zina (Enforcement of Hudood) Ordinance, 1979 before the learned IlIrd Additional Sessions Judge, Karachi (South). ' It has been contended by Mr. Sardar Mohammad Ishaq that Mst. Shahnaz the alleged victim is major, and she was even otherwise related to the applicant. That Mst. Shahnaz had herself left the house of her parents, gone to the Court, and sworn an affidavit stating that she wants to marry with her own free will. ' Mr. S. Sarfraz Ahmed learned A.A.-G. Appearing for the State has no objection to the grant of bail to the applicant in view of the above circumstances. I have considered the contentions of the learned counsel, and have gone through the documents produced along with the bail application. Admittedly Mst. Shahnaz has sworn an affidavit befor the Assistant Commissioner and Additional City Magistrate Court No,VIII Karachi East showing that she wants to marry with her own free will. Mst. Shahnaz is present in Court and she states that she had given this affidavit before the Court. The Nikahnama also shows that she was married with the applicant. The F.I.R. Is belated by 13 days. ' In view of the above circumstances I direct that the applicant shall be released on bail on furnishing surety in the sum of Rs, 30,000 and P.R. Bond in the like amount to the satisfaction of the trial Court.