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Criminal Miscellaneous No. 2662/B of 1984, decided on 13th January, 1985.
‑‑‑S. 497(5)‑‑Bail, cancellation of‑‑Bail obtained by making false representation and incorrect statement before Court‑‑Bail cancelled.
Aslam Riaz for Petitioner.
M. Nawaz Kharal for Respondents.
M. Saleem Shad for the State.
Muhammad Yousaf has moved this petition under section 479(5), Cr.P.C., for the cancellation of bail of Mst. Iqbal Bibi alias Balo, Mst. Arshad Bibi and Anwar Hussain, on the ground that they obtained the bail order from this Court, on 28‑8‑1984, by making an incorrect statement, stating that Anwar Hussain respondent was a son of Mst. Iqbal Bibi alias Balo respondent from her first husband and thus a step‑brother could not commit the offence of Zina with his step sister.
2. Muhammad Yousaf petitioner lodged the F.I.R., against the aforesaid three respondents for offences under sections 10 and 16 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979. During hearing of the bail petition, it was contended that Mst. Arshad Bibi was the daughter of Mst. Iqbal Bibi and that Anwar Hussain respondent was son of Mst. Iqbal Bibi from her first husband. The respondents made the Court to believe that Anwar Hussain respondent was step brother of Mst. Arshad Bibi. For that reason, the respondents were admitted to bail.
3. Alongwith the petition for cancellation of bail, Muhammad Yousaf filed the affidavits of Muhammad Ramzan, who is a real brother of Mst. Iqbal Bibi respondent. Muhammad Ramzan stated in his affidavit that Anwar Hussain respondent was not son of his sister Mst. Iqbal Bibi. He further mentioned in the affidavit that Mst. Iqbal Bibi was virgin when she married Rashid Khan thirty four/thirty five years ago.
4. Mst. Khurshid Bibi, the mother of Mst. Iqbal Bibi respondent in her affidavit, supported the version of her son Muhammad Ramzan. Latif Khan; a son of Mst. Iqbal Bibi respondent mentioned in his affidavit that Anwar Hussain respondent had abducted his sister Mst. Arshad Bibi with the connivance of his mother Mst. Iqbal Bibi and was committing Zina with his sister Mst. Arshad Bibi. At one stage, the learned counsel for respondents undertook to produce the marriage certificate of Mst. Iqbal Bibi with Manzoor Hussain and the birth certificate of Anwar Hussain respondent in order to prove that Anwar Hussain was son of Mst. Iqbal Bibi from her first husband Manzoor Hussain. The learned counsel for respondents failed to produce any of the two documents. It clearly stood established from the affidavits of the real brother, mother and son of Mst. Iqbal Bibi respondent that Anwar Hussain respondent was not the son of Mst. Iqbal Bibi respondent from her first husband. The mother, brother and son were present in Court and they clearly stated that Anwar Hussain respondent was not the son of Mst. Iqbal Bibi from her first husband Manzoor Hussain. The learned counsel for the petitioner produced copy of the Mutation No. 121, which was attested on 28‑10‑1979. This mutation also belied the stand of the respondents. Manzoor Hussain left behind a widow named Fateh Bibi and seven sons. In view of the overwhelming evidence produced by the petitioner, I, hold, that the respondents obtained the bail order by making false and incorrect statement. In these circumstances, the bail order which had been procured by false representation and incorrect statement cannot be allowed to stand. The bail of the respondents is cancelled. They shall be taken into custody and sent to jail.
M.Y.H./M‑125/L Bail cancelled.
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