Citation Name: 2024 YLR 1653 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUNAWAR HUSSAIN vs State S

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Citation Name: 2024 YLR 1653 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUNAWAR HUSSAIN VS State S. 498---Penal Code (XLV of 1860), Ss. 365-B, 420, 468 & 471---Marrying two sisters at the same time, cheating, fraud and forgery---Bail, refusal of---Petitioner faced an accusation of simultaneously marrying two real sisters, while the second marriage was deemed fasid rather than batil, it still carried culpability---Petitioner's defence hinged on his claim that he divorced his first wife on 10.7.2023 before marrying with the sister of his first wife on 19.7.2023---However, this defence fell short as the marriage took place before the completion of Iddat period of his first wife---Such situation parallels the conjunction of two sisters during the subsistence of the first sister's marriage, which entailed criminal liability---During the investigation, the petitioner provided a photocopy of the Divorce Deed dated 10.7.2023---Investigating Officer repeatedly asked him to produce the original document but he did not---Investigating Officer discovered that the deed was neither registered with the relevant Union Council nor recorded in the stamp vendor's register despite bearing his rubber stamp on the back---Considering such circumstances, Investigating Officer added Ss. 420, 468 & 471, P.P.C., in the FIR later---Out of these, S. 420, P.P.C., was cognizable--- Complainant specifically alleged in the FIR that the petitioner abducted his sister and coerced her into an illicit marriage---Thus, from the contents of the FIR, S. 365-B P.P.C was made out---Since it was a cognizable offence, the police were justified in registering the FIR---When a person approached the officer in-charge of a police station to register an FIR, the determining factor for him was whether the information laid before him pertained to the commission of a cognizable offence---If, during the investigation, it turned out that a non-cognizable offence, rather than a cognizable offence, had been committed, it did not invalidate the proceedings, as the provisions of S. 155, Cr.P.C., did not apply---Application for pre-arrest bail was dismissed, in circumstances. Citation Name: 2024 YLR 1653 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUNAWAR HUSSAIN VS State Ss. 497 & 498---Bail---Tentative assessment---Observations made in the bail order on the factual aspects of the case are tentative---Court should decide the case in light of the evidence produced during the trial without being prejudiced by these observations.

Citation Name: 2024 YLR 1653 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUNAWAR HUSSAIN vs State S — 2024 YLR 1653 LAHORE-HIGH-COURT-LAHORE

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