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Criminal Miscellaneous No. 470/B of 1985, decided on 29th May, 1985.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 363‑‑Bail, grant of‑‑F.I.R. lodged after 7 months of occurrence‑‑Suit for dissolution of marriage by alleged abductee against complainant instituted‑‑No eye‑witness of occurrence available‑‑Accused allowed bail in circumstances.
Ijaz Muhammad Bhatti for Petitioner.
Abdur Rashid Sheikh for State.
This is an application for bail by Muhammad Bakhsh. The ease was registered on 24‑6‑1984 regarding an occurrence which took place seven months earlier to that. It is alleged by Manzoor Hussain complainant that his wife Mst. Gullan was enticed by Muhammad Bakhsh who left her minor children in the house of complainant and took away cash and ornaments while accompanying Muhammad Bakhsh petitioner. It is stated by Manzoor Ahmad, A.S.I. that Mst. Gullan was recovered after registration of the case. In her statement under section 164, Cr.P.C., she could not support the prosecution. She later on came back to the house of her husband Manzoor Hussain and after living with him for some time again started living with Muhammad Bakhsh accused. It was at this stage that both Gullan and Muhammad Bakhsh were arrested and are in judicial lock‑up. It is contended by the learned counsel for the petitioner that Mst. Gullan was initially recovered from the house of her parents. She filed a suit for dissolution of her marriage against Manzoor Hussain which is still pending and that the present case has been lodged with mala fides after a delay of seven months. The learned counsel for the State has controverted these contentions.
2. I have gone through the record. The F.I.R. was lodged after al delay of seven months. Mst. Gullan has filed a suit for dissolution of marriage which is still pending. There is no eye‑witness of the occurrence. As such the petitioner is allowed bail till the disposal of the case on his furnishing bail bonds in the sum of Rs.5,000 (Rs. Five thousand only) with one surety, in the like amount to the satisfaction of A.C/Duty Magistrate, Multan.
S.A. Bail granted.
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