IN THE
HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No. 548
of 2017
Amir
Baloch
...
...
..Applicant
Versus
The
State
.
..
.Respondent
Date
of hearing and order : 06.07.2017
Mr. Irshad Ali Shar,
Advocate for applicant
Mr. Qadir Hussain Khan,
Advocate for complainant
Ms. Rahat Ehsan, A.P.G.
O R D E R
Fahim Ahmed Siddiqui, J: This order will
dispose of the instant bail application through which the applicant Amir Baloch
son of Baloch Ali Gul Khan is seeking his release on bail during trial under
Section 497 Cr.P.C in a case initiated against him under FIR No. 237/2016 of
Police Station Khwaja Ajmer Nagri, under Section 292, 324, 337-A(i), 337-F(i),
337-F(v), 337-F(vi), 337-L(ii), 342, 504, 509 PPC.
2. Heard arguments advanced by the learned
counsel for the applicant and learned counsel for the complainant as well as
the learned APG and perused the record under their valued assistance. From
whatever argued and placed before me, I have observed as under:
a)
The
allegations against the applicant are that he had confined complainant Mst.
Asma Aamir (wife of applicant) in his house and used to torture her physically,
sexually and mentally since the last couple of years. The complainant was
rescued by an NGO and it is reported that she was recovered tied in ropes.
After recovery, she reported that the complainant sexually abused her and
tortured her by burning her private parts, he had cut her heels and eyebrows
and tied her in ropes etc.
b)
The
prosecution allegations are serious in nature and it will not improve the case
of the applicant that the complainant is still his wife. A wife is not the
property of her husband and he had no right to abuse her, torture her or even
to disgrace her openly or privately.
c)
The
confinement of a woman and restrained her by tying her with ropes, sexually and
physically abusing her is a serious offence and it is more than the domestic
torture. The allegations of administering drugs and burning her private parts
attract provision of Section 324 PPC.
d)
The
contention of the complainant has not only come on the record through the
contents of FIR but she has already recorded her statement under Section 164
CrPC in which she has supported the contents of FIR and described the entire atrocities
caused to her by the applicant.
e)
It
has also come on the record that the complainant has first contacted with her neighbour
and under his assistance, the NGOs headed by Mr Sarim Barni rescued the
complainant. Such statement of neighbour is also on the record, which verifies
the contention of the complainant regarding atrocities and maltreatment through
which she has undergone.
f)
The
learned counsel for the applicant submits that the complainant was not sent for
medical examination, as the name of medico legal officer is not mentioned in
the calendar of witnesses. It appears from the record that the complainant was
sent for medico legal examination and non-availability of the name of medical
officer in Final Report will not improve the case of applicant in this respect.
The prosecution is very much competent to call the medical officer during trial
and even the court may direct him to appear for examination.
g)
It
is reflected from the record that after submission of Final Report, the
applicant was released on bail by the concerned Judicial Magistrate. The
complainant filed the CP No. D-7139/2016 before this Court and under the
direction in the said CP, the investigation was entrusted to SSP investigation
Faizullah Korejo and during the investigation considerable material collected
and Section 324 PPC was added due to which the earlier bail order was recalled by
the concerned Judicial Magistrate.
h)
Being
a woman, the complainant deserves to be treated with the delicacy, respect and
gracefulness and her such rights were violated. Being husband, it is the
responsibility of applicant to take care of and protect the complainant in
which he is not only badly failed but in fact he is responsible for all those
traumas, pains and sufferings, she passed through.
3. It is my tentative view that there is
sufficient material available on record to implicate the applicant with the
commissioning of heinous offence and such type of serious domestic tortures are
rampant in the society. In the instant matter, prima facie no case of further
investigation within the meaning of section 497 (2) has been made out for the
grant of bail. Accordingly the bail application was dismissed vide short order
dated 03.5.2017 and these are the reasons for short order. However, the trial
court is directed to pace up the trial and take every possible efforts to
conclude the trial within the shortest possible time preferably within a span
of three months.
4. I would like to make it clear that the
above observations are purely tentative in nature, and the same are only meant
for the purpose of bail and would have no impact or effect on any party during
the trial.
J U D G E