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