IN THE HIGH COURT OF SINDH, KARACHI

Crl. Bail Appln. No. S – 1046 OF 2018

Irfan-ul-Haq and others………………………………………………Applicant

Versus

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

Date of hearing & short order : 04-10-2018

Syed Samiullah Shah, advocate for the applicants

M/s. Muhammad Aslam Bhutta, Muhammad Zareef Lakho

and Ms. Sehar Shafique, advocates for the complainant.

Mr. Sagheer Abbasi, APG

O R D E R

Fahim Ahmed Siddiqui, J: The applicants are seeking pre-arrest bail in a case registered against them at PS Pak Colony, vide Crime No. 176 of 2018 under Sections 365, 34 PPC.

(2) I have heard the arguments advanced from either side and perused record produced before me. After getting enlightened by the valued submissions made before me and scanning the available record, I have observed as under:

(a) It is alleged by the complainant Mst Asma Hameed in FIR that the applicants have abducted her husband, who was missing since morning of 15-05-2018. She further alleges that they were under disputation with accused persons, who had been issuing threats to the complaining party since last six months for dire consequences.

(b) From the record, it appears that the complainant and accused people were already at loggerhead, and civil litigation between the parties is also pending.

(c) Previously, a report was presented under A-class on the basis of the statements of brother-in-law and maternal nephew of the husband of the complainant.

(d) It is emphasised during the course of arguments that the complaining party is not in visiting terms with the family members, whose statement was recorded to support the accused persons by the previous investigation officer.

(e) During an investigation by the second investigating officer, certain materials come on the record, which indicates about the involvement of applicants in the matter. As per fresh investigation, the prosecution witnesses have seen the happening of incident.

(f) Although, the animosity between the parties is in existence and the complainant does not can feel the same; it is settled legal principle that animosity is a double-edged weapon, which cuts both sides.

(g) The applicants are well nominated by the complainant with the reasoning for a suspicion upon the accused persons in respect of the abduction of her husband.

(h) In the instant case, the alleged abductee has yet not been recovered and the learned prosecutor has pointed out that for the proper investigation and recovery of abductee, the custody of applicants is necessary.

(3) In the light of the above observations, I am of the considered view that no ground exists for considering the extra-ordinary plea of pre-arrest bail of the applicants; as such the instant bail application is declined and order dated 01-08-2018, for extending interim relief to the applicants, is recalled.

J U D G E