Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MUHAMMAD SHER VS Respondent: MST. SABAI
1988 P Cr
1988 P Cr. L J 1942
[Lahore]
Before Afrasiab Khan, J
MUHAMMAD SHER‑‑Petitioner
versus
Mst. SABAI and another‑‑Respondents
Criminal Miscellaneous No. 1459‑B of 1987, decided on 24th May, 1987.
Criminal Procedure Code (V of 1898)‑‑
‑‑‑S. 497(5)‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10 & 11‑‑Bail‑‑Application for cancellation of bail‑ Female accused making statement before Court that she had married with co‑accused of her own free will and that she was living with him as his legally wedded wife‑‑Prayer for cancellation of bail not granted.
Dilawar Mahmood for Petitioner.
Ijaz Anwar for Respondents.
Nasim Iqbal for the State.
ORDER
The petitioner has moved this petition under section 497(5), Cr.P.C. for cancellation of bail before arrest allowed to respondents Nos. 1 and 2 vide order of this Court, dated 8‑4‑1987 and confirmed on 11‑4‑1987 in Criminal Miscellaneous No. 1107/B of 1987. Notices in the petition were sent to respondents Nos. 1 and 2 to show cause as to why their bail should not be cancelled. In compliance with the notice, the respondents are present before me today. Respondent No.1 Mst. Sabai has made a statement saying that she has married with Muhammad Sher, son of Fateh Sher Khan, of her own free will and that she is living with him as his legally wedded wife.
2. After hearing learned counsel for the parties, it is clear that the respondents Nos. 1 and 2 have solemnized their marriage with their own free will. That being so, I do not find any justification to cancel the bail before arrest allowed to them vide my order, dated 8‑4‑1987 and 11‑4‑1987. I do not find any substance in this petition which is accordingly dismissed.
M. Y. H./M‑788/L Petition dismissed.