THE HIGH COURT OF SINDH AT KARACHI

Cr. Bail Application No.641 of 2018

Applicants                 :           Shaukat, Ghulam, Allah Dad @ Dodo & Nazeer

                                                are present on interim bail

Respondent              :            The State through M/s Sagheer Abbasi & Tanya Allah Dad, APG

Complainant            :            Abdul Razzaq is present along with Mst. Fauzia

Date of hearing         :           01.6.2018

Date of Order            :           01.6.2018

ORDER

Abdul Maalik Gaddi, J:    Applicants/ accused are present on interim bail granted to them by this Court vide Order dated 04.5.2018. Today this bail application is fixed for confirmation or otherwise.

2. Facts of the prosecution case are that on 03.02.2018 at 0030 hours complainant Abdul Razzaq lodged FIR at police station Ibrahim Hyderi stating therein that on 01.02.2018, when he went outside his house at about 2300 hours applicants/ accused forcibly entered in his house and held the hands of his niece Mst. Fauzia aged about 18 years, they pushed her and torn her clothes. On her hue and cries mohalla people gathered there, thereafter accused persons fled away.

3. Applicants/ accused present in Court submit that they are innocent and have been falsely implicated in this case by the complainant with malafide intention and ulterior motives due to personal enmity. It is also stated that there is unexplained delay of 01 day in lodging of FIR. Therefore, false implication in this case could not be ruled out.

4. Learned APG has argued that though the offence as alleged in FIR appears to serious and heinous in nature but the complainant and Mst. Fauzia, who are present in Court have submitted that they have forgiven the accused persons in the name of Almighty Allah. Therefore, he does not oppose this bail application.

5. I have given my anxious thoughts to the contentions raised at the bar and have gone through the case papers so made available before me.

6. It appears from the record that the challan against applicants/ accused has already been submitted before trial Court. These applicants/ accused are no more required for investigation. There is a delay of 01 day in lodging of FIR, for which no satisfactory explanation has been furnished. Besides the offences for which the applicants/ accused have been booked in this case either bailable or their punishment do not fall within the prohibitory clause of Section 497 CrPC. Complainant and Mst. Fauzia are present in Court. They have categorically stated that they have forgiven the accused persons and they have no objection if the interim order passed in favour of the applicants/ accused is confirmed.

7. In view of the above, interim bail already extended in favour of the applicants/ accused stands confirmed on same terms and conditions with direction to applicants/ accused to appear before the trial Court to face the trial.

8. Needless to mention here that the observation, if any, made in this order is tentative in nature and shall not effect the merits of the case. It is made clear that in case if the applicants/ accused misuse the bail before the trial Court, then trial Court would be competent to cancel the bail of the applicants/ accused after due notice and hearing the applicants/ accused.

9. In view of the above, this bail application is allowed in above terms.

       JUDGE

asim/pa