IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No. 283 of 2018

Abdullah son of Abdul Ghafoor..………………...…………………..Applicant

Versus

The State…………………………….……………..……………….Respondent

Date of Order : 06.08.2018

Mr. Muhammad Ali Waris Lari a/w Ms. Sultana Begum, advocate for the Applicant.

Mr. Patras Piyara, advocate for the complainant.

Ms. Seema Zaidi, DPG for State.

O R D E R

FAHIM AHMED SIDDIQUI, J: The applicant has move instant bail application for his release on bail during pendency of trial. He is involved in a criminal case registered against him by lodging FIR No. 623/17 at PS Sachal, Karachi under Section 354-A, 506 PPC.

I have heard the arguments advanced and perused the relevant record. Through whatever said and placed before me, I have observed as under :-

a) The allegations against the applicant are that the accused extended hands towards the modesty of the complainant lady and due to his action, the shirt and scarf of the complainant were torn and she also lost her necklace;

b) It is worth to mention that there is animosity admitted by the complainant with applicant, as in the objections, it is mentioned that a petition has already been filed against the applicant. Although it is mentioned that scarf and shirt of the complainant were torn by nominated accused persons but it is not mentioned that the applicant himself has caused the said act, meaning thereby that in the body of FIR, specific role is not assigned to the applicant;

c) In the objection, it is mentioned that a number of FIRs have been lodged against the applicant but none of them are similar action, besides lodging of FIRs is solely not a ground for rejection of a bail application;

d) The applicant in ground No.5 of his bail application has clearly mentioned that the complainant is his real niece and this fact has not been denied by the complainant in the objections filed on her behalf; therefore, not only the plea of animosity raised by the applicant is fortified but it is also hard to believe that a person can do such a thing with his real niece;

e) It is also worth mentioning that motive for such incident is missing in the contents of FIR;

f) A specific plea has been raised regarding ailment of the applicant.

In view of above observations, it is my tentative opinion that the applicant is entitled for bail, therefore, instant bail application is granted and the applicant is admitted to bail in the sum of Rs.100,000/- with PR bond in the like amount to the entire satisfaction of trial Court. However, if the applicant misuses the concession of bail or fails to appear before trial Court, then trial Court is empowered to take every action against the applicant as well as surety including cancellation of bail without making reference to this Court.

I would like to make it clear that above observations are tentative in nature and have been made only for deciding instant bail application and same would have no effect or impact upon the case of either party during trial.

These are the reasons for my short order dated 06.08.2018.

J U D G E