ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No.S- 160 of 2020

Date Order with Signature of Hon’ble Judge

For hearing of bail application

1. For orders on office objection at flag ‘A’

2. For hearing of bail application

26.06.2020

Applicant in person.

Mr. Ali Dad Narejo, advocate for the complainant.

Mr. Abdul Rahman Kolachi, DPG for the State

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Irshad Ali Shah J;- It is the case of the prosecution that co-accused Nadeem and Naseem abducted Mst. Soomal with intention to have Zina with her after covering some distance through their motorcycle they put her in a car wherein were found available the applicant and co-accused Ahmed, for that the present case was registered.

2. The applicant on having been refused pre-arrest bail by learned IVth Additional Sessions Judge, Khairpur, has sought for the same from this Court by way of instant application u/s 498 Cr.P.C.

3. It is contended by the applicant that he being innocent has been involved in this case falsely; the FIR of the incident has been lodged with delay of about one day; Mst. Soomal has been recovered from co‑accused Naseem, she has not been subjected to medical examination and co-accused Ahmed has already been admitted to bail after arrest by this Court. By contending so, he prayed for grant of pre-arrest bail to the applicant on point of further inquiry and malafide.

4. Learned D.P.G. for the State and learned counsel for the complainant have opposed to grant of bail to the applicant by contending that he has actively participated in commission of incident.

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

6. The FIR of the incident has been lodged with delay of about one day. Mst. Soomal has been recovered by the police soon after registration of FIR, which appears to be significant. She in her 161 CrPC statement has not leveled allegation of rape against any of the culprit involved in the incident; she has not been subjected to medical examination; the allegation against the applicant even otherwise is only to the extent that he was found sitting in the Car whereby Mst. Soomal was taken away by co-accused Nadeem and Naseem. Co-accused Ahmed has already been admitted to post arrest bail by this Court. In these circumstance it is rightly being contended by the applicant that he is entitled to grant of pre arrest bail on point of further enquiry and malafide.

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

8. The instant bail application is disposed of in above terms.

Judge

Nasim/P.A