IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No. 856 of 2018
Suni Dilawar
.
..
...
..Applicant
Versus
The
State
.
..
.Respondent
Date
of hearing : 10.08.2018
Ms. Shamim
Aolia, advocate for the applicant
Ms. Rahat
Ahsan, Adll. PG
O R D E R
Fahim Ahmed Siddiqui,
J: The
applicant Sunni Dilawar is seeking post arrest bail in
a case registered against him at PS Mehmoodabad vide
FIR No. 310/2017 u/s 364-A PPC.
2.
I
have heard the arguments advanced from either side and perused the record
produced before me. After getting enlightened from the valued submissions made
at bar and scanning the record, I have observed as under:
(a)
The
allegation against the applicant is that he was kidnapping the younger sister
of complainant namely Amna aged about 7/8 years on a
motorbike and he was apprehended by the people of locality. The people in a fit
of fury started beating the applicant but complainant with the help of police rescued
and handed over him to police.
(b)
The allegations against the applicant are serious in
nature and he was arrested/captured red-handed in the course
of commissioning of offence.
(c)
During investigation, it was revealed that the
applicant has made preparation for the offence and prior to kidnapping of the
minor girl; he had arranged and taken liquor.
(d)
During investigation, it was also come on the record
that the applicant lured the minor girl by saying that he would give her bread
and butter and in this way, he made her to sit with him on his motorcycle.
(e)
Nowadays, it is common that some mentally sick people,
after luring the minor children by offering them sweetmeat or candies, sexually
abused them and in some cases even killed them. It appears that the present
case is also of similar nature.
(f)
Apparently, there is no animosity of the complainant
or police with the applicant besides no such plea is raised on behalf of the
applicant. In such a situation, there exists no reason for false involvement of
the applicant in such a heinous offence.
3.
In the light of the above observations, I am of the considered
view that it is a premature stage for considering the plea of post arrest bail
of the applicant. However, the applicant may repeat bail application before the
trial court after examining of material witnesses. Hence, the instant bail
application was declined vide order date 10-08-2018 and these are the reasons
for the same.
J U D G E