IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-512 of 2017

Applicant               :                Irfan Ali s/o Muhammad Ramzan Gopang

Through Mr.Javed Ali Soomro, Advocate

Complainant       :                  Nawab Ali Junejo through

Mr.Niaz Ali Ansari, Advocate

State                    :                  Through Mr.Yasir Arafat, A.P.G.

Date of hearing   :                  04.10.2018

Date of order      :                  04.10.2018

O R D E R

IRSHAD ALI SHAH, J.- It is alleged that the applicant with rest of the culprits, abducted Mst.Mehmoodan daughter of complainant Nawab Ali, with intention to have rape with her, for that the present case was registered.

2.                On having been refused pre-arrest bail by learned 6^th Additional Sessions Judge, Larkana, the applicant has sought for the same from this Court by way of instant application u/s.498 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 only to satisfy his matrimonial dispute with him otherwise he was having no daughter with name of Mst.Mehmoodan, the very case as per investigation conducted by ASP/SDPO Hyderi Larkana has been recommended to be cancelled under “B” class, there is delay of about one day in lodging of FIR, Mst.Mehmoodan being daughter of Ghulam Shabir is passing happy life with her husband Imran Ali. By contending so, he sought for pre-arrest bail for the applicant as according to him he is apprehending his unjustified arrest.

4.                Learned A.P.G recorded no objection to grant of pre-arrest bail to the applicant.

5.                Learned counsel for the complainant assistant by Mst.Mehmoodan, the alleged abductee has opposed to grant of pre-arrest bail to the applicant by contending that the offence alleged is affecting the society at large.

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

7.                There is delay of about one day in lodgment of the FIR, such delay could not be lost sight of, as it is reflecting consultation. As per police report, complainant Nawab Ali was/is having no daughter with name of Mst.Mehmoodan. Mst.Mehmoodan is said to be daughter of Ghulam Shabir, which fact is confirmed by Mst.Mehmoodan in her statement recorded u/s.161 Cr.PC. As per Mst.Mehmoodan she was abducted when she was going to see her sister Mst.Reshma after visiting the house of her father who is said to be Ghulam Shabir. If such version of Mst.Mehmoodan is believed to be true, then it belies version of complainant Nawab Ali in his FIR that Mst.Mehmoodan was abducted from his house. The return of Mst.Mehmoodan to her house under mysterious circumstances appears to be significant. In these circumstances, it is rightly being contended by learned counsel for the applicant that the applicant is entitled to grant of pre-arrest bail on point of malafide.

8.                In view of above, the interim pre-arrest bail already granted to the applicant is confirmed on same terms and conditions.

9.                The instant application is disposed of accordingly.

                                                                                             JUDGE