IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-390 of 2018

Applicant               :                Muhammad Iqbal s/o Shabir Ahmed Qureshi

Through Mr.Sohail Abbas Bhutto, Advocate

Complainant       :                  Ghulam Hussain through

Mr.Abdul Sattar Hulio, Advocate

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

Date of hearing   :                  25.09.2018

Date of order      :                  25.09.2018

O R D E R

IRSHAD ALI SHAH, J.- It is alleged that the applicant with rest of the culprits, by committing trespass into house of complainant Ghulam Hussain, after keeping him and his witnesses under fear of death, abducted his sister-in-law Mst.Shazia, with her gold ornaments and cash as are detailed in FIR, for that the present case was registered.

2.                On having been refused post-arrest bail by learned 3^rd Additional Sessions Judge, Larkana, the applicant has sought for the same from this Court by way of instant application u/s.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 party only to satisfy their matrimonial dispute with him, there is unexplained delay of fifteen days in lodgment of the FIR, Mst.Shazia has married of her own accord with co-accused Muhammad Ashfaq, and more-so complainant Ghulam Hussain and PW Allah Dino by filing their affidavits have raised no objection to grant of bail to the applicant. By contending so, he sought for release of the applicant on bail on point of further enquiry.

4.                Learned counsel for the complainant and learned A.P.G for the State have raised no objection for grant of bail to the applicant by contending that the parties have settled their dispute outside of the Court.

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

6.                The FIR of the incident has been lodged by the complainant with unexplained delay of about fifteen days; such delay could not be lost sight of, as it reflects consultation. The parties are already disputed over matrimonial affairs. Mst.Shazia the alleged abductee has married of her own accord with co-accused Ashfaq Ahmed after swearing free will statement. Complainant Ghulam Hussain and PW Allah Dino now by filing their affidavits have also raised no objection to grant of bail to the applicant by stating therein that they did not nominate the applicant before the police in their FIR or 161 Cr.PC statement. In these circumstances, it is rightly being contended by learned counsel for the applicant that the applicant is entitled to be released on bail on point of further enquiry.

7.                In view of facts and reasons discussed above, the applicant is admitted to bail subject to furnishing surety in the sum of Rs.50,000/- 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