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