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Petitioner: Umer Khan VS Respondent: Rehmat Ullah and another
Court Name: Gilgit Baltistan Chief Court Judge(s): Malik Haq Nawaz Title: Umer Khan vs Rehmat Ullah and another Case No.: Criminal Miscellaneous No.323 of 2019 Date of Judgment:2020-06-19 Reported As: 2021 MLD 992 Result: Petition dismissed
Judgment ORDER MALIK HAQ NAWAZ, CJ.---- The instant petition has been moved by the learned counsel for the petitioner under section 497 (5) for cancellation of bail allowed to the respondent by the learned Session Judge Chilas vide order dated 28-10-2019. 2. Brief facts of the persecution story as reflected in the FIR are that on the night Rahmat Ullah son in law of Shehyar came at his house. At night Rehmat Ullah enticed away Mst. Gul Badan for the purpose of marriage. Mst. Sateel daughter of Shehyar was already in the wedlock of Rehmat Ullah. Early in the morning, Mst. Gul Badan and Rehmat Ullah were found missing in the house of complainant, and FIR was lodged accordingly . 3. Accused /petitioner had filed an application for his enlargement on bail before the learned Sessions Judge Diamer . The learned Sessions Judge Diamer after hearing both the parties allowed the petition and accused /petitioner was granted bail. Being aggrieved from the said order the present petitioner filed the instant petition under section 497(5) Cr .P.C. seeking cancellation of post arrest bail. 4. The learned counsel for the petitioner submitted that the respondent No. 1/accused is directly nominated in the FIR and the accused has committed an unlawful act which is against injunctions of Islam and also against the norms of Society . He further submitted that the bail granted by learned Sessions Judge Chilas be recalled to meet the ends of justice. He lastly submitted that bail of the petitioner be recalled. 5. I have heard the learned counsel for the petitioner at length and also gone through the record of the case. 6. The learned counsel for the petitioner failed to point out any legal infirmity in the impugned order therefore, no case is made out for cancellation of post arrest bail which has been allowed after taking into consideration all the pro and contra arguments by the learned trial Court. 7. The instant petition is dismissed in limine. File.