IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-280 of 2018

Applicant:                                         Javed Iqbal s/o Muhammad Iqbal Chandio,

                                                            Through Mr.Nisar Ahmed Abro, Advocate

Complainant:                                   Mehboob Ali son of Ghulam Rasool Lolai, Through Mr.Muhammad Ashiq Dhamrah, Advocate

State:                                                 Through Mr. Raja Imtiaz Ali Solangi A.P.G.  

Date of hearing:                             23.07.2018             

Date of order:                                 23.07.2018

O R D E R

IRSHAD ALI SHAH, J- It is alleged that the applicant with rest of the culprits with attempted to abduct baby Lareb aged about 08 years, daughter of complainant Mehboob Ali, for that the present case was registered.

2.                    On having been refused post-arrest bail by learned trial Court, the applicant has sought for the same from this Court by way of instant application under section 497 Cr.PC.

3.                    It is contended by learned counsel for the applicant that he being innocent has been involved in this case falsely by the complainant on account of dispute over kid-fight being his neighbourer, none has been abducted, it is case of mere attempt, the applicant is in custody since six months. By contending so, he sought for release of applicant on bail as according to him his case is calling for further enquiry. In support of his contention he relied upon case of Muhammad Rahim vs. the State       (1999 PCr.LJ-705).

4.                    Learned counsel for the complainant and learned A.P.G have opposed to grant of bail to the applicant by contending that he put an attempt to abduct an innocent girl.

5.                    I have considered the above arguments and perused the record.

6.                    None has been abducted, it at the most is a case of an attempt to make an abduction of baby girl, nothing has been brought on record which may establish the intention required for an offence punishable u/s.364-A PPC, the applicant is in custody since six months. In that situation, it is rightly being contended by learned counsel for the applicant that his case is calling for further enquiry.

7.                   In view of above while relying upon case law which is referred by the learned counsel for the applicant, the applicant is admitted to bail subject to his furnishing surety in the sum of Rs.100,000/- and P.R bond in the like amount to the satisfaction of learned trial Court.  

8.                    The instant application is disposed of accordingly.

                             J U D G E