ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P.No.S-474 of 2009

DATE ORDER WITH SIGNATURE OF JUDGE

21.12.2009

Mr. Ishrat Ali Lohar Advocate for the petitioner a/w Petitioner.

Syed Tarique Ali Shah Advocate for respondents No.1 & 2.

SIP Qamar Zaman Khoso SHO P.S. Badin, ASI Abdul Ghafoor Parhyar P.S. Badin, LPS Sheeba Leghari  present and produced the detenue Mst. Jeena.

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The detenue Mst. Jeena has been produced. Her statement has been recorded in which she admits her signatures on her free will affidavit as well as Nikahnama but she states marriage had taken place against her wishes and now she wants to go with her parents. She is suit juris and is at liberty to go where she wants.

Learned counsel for the petitioner contends that the petitioner alongwith his family  members including two sisters have been nominated in crime No.285/2009 of P.S. Badin in respect of abduction of the detenue Mst. Jeena. According to learned counsel, the petitioner apprehends his imminent arrest at the hands of police in the above said crime and since the police is after him, therefore, he is unable to surrender before the trial court. He lastly contends that so far the genuiness of Nikahnama is concerned, proper forum is Family Court and no suit for jactitation of marriage has been filed by detenue Mst. Jeena against the petitioner as yet, therefore, the petitioner be admitted on pre arrest bail as the case has become of two versions.

Syed Tarique Ahmed Shah, learned counsel for the respondents No.1 & 2 is not in a position to rebut the contentions of learned counsel for the petitioner, however, he admits that this issue can be resolved by the Family Court.

In view of the above, the petitioner is admitted on pre arrest bail subject to furnishing his solvent surety in the sum of Rs.50,000/- and P.R bond in the like amount to the satisfaction of Additional Registrar of this court. The S.P. Investigation Badin is directed to get conduct the investigation of above crime through well reputed police officer. S.H.O Badin P.S is directed to provide legal protection to Mst. Jeena and respondents No.1 & 2.

With the above observations, this petition stands  disposed of.

Learned Additional Advocate General Sindh is directed to arrange police escort for protection of Mst. Jeena and her family members.

Copy of this petition be faxed to S.P. Investigation Badin for compliance.

                                           JUDGE

A.K