MUHAMMAD SHER Versus MST. SABAI

ORDER

The petitioner has moved this petition under section 497(5), Cr.P.C. for cancellation of bail before arrest allowed to respondents Nos. 1 and 2 vide order of this Court, dated 8‑4‑1987 and confirmed on 11‑4‑1987 in Criminal Miscellaneous No. 1107/B of 1987. Notices in the petition were sent to respondents Nos. 1 and 2 to show cause as to why their bail should not be cancelled. In compliance with the notice, the respondents are present before me today. Respondent No.1 Mst. Sabai has made a statement saying that she has married with Muhammad Sher, son of Fateh Sher Khan, of her own free will and that she is living with him as his legally wedded wife.

2. After hearing learned counsel for the parties, it is clear that the respondents Nos. 1 and 2 have solemnized their marriage with their own free will. That being so, I do not find any justification to cancel the bail before arrest allowed to them vide my order, dated 8‑4‑1987 and 11‑4‑1987. I do not find any substance in this petition which is accordingly dismissed.

M. Y. H./M‑788/L Petition dismissed.