ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Bail Appln.No.S-292 of 2020

Date of hearing

Order with signature of Judge

                                    For hearing of bail application.

07.09.2020

Mr. Safdar Ali Bhutto, Advocate for the applicant

                        Mr. Imdad Ali Joyo, Advocate for the complainant

Mr. Muhammad Noonari, Deputy Prosecutor General

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IRSHAD ALI SHAH, J.- It is alleged that the applicant with rest of    the culprits, after having formed an unlawful assembly and in prosecution of their common object, in order to satisfy their grudge over free-will marriage of Mst.Razul with Seengar Ali, the cousin of complainant Muhammad Ali, by making trespass into house of complainant, abducted his wife Mst.Afshan with her suckling baby Shahbaz aged about 07 days and his sister-in-law Mst.Noshan, with intention to subject them to rape and then committed Qatl-e-Amd of suckling baby Shahbaz, by causing him injury with some hard blunt substance, for that the present case was registered.

2.        The applicant on having been refused post-arrest bail by learned 1^st Additional Sessions Judge/MCTC, Larkana, has sought for the same from this Court by way of instant application u/s.497 Cr.P.C.

3.        It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the complainant party in order to satisfy its grudge with them; both the ladies have been recovered and suckling baby Shahbaz has died on account of his fall; no specific role in commission of the incident is attributed to the applicant; seven co-accused have already been let off by the police during course of investigation and the complainant and PWs are related inter-se, therefore, the applicant is entitled to be released on bail on point of further inquiry.

4.        It is contended by learned D.P.G. for the State and learned counsel for the complainant that the applicant is neither innocent nor is involved in this case falsely by the complainant party; the applicant and others have abducted the innocent ladies with their suckling baby and then made their escape good leaving the abductees and suckling baby on the spot after causing them blows when they were chased by the co-villagers and the police, suckling baby Shahbaz died on account of sustaining blow at the hands of applicant and others; the offence is heinous in nature; co-accused who were let off by the police now have been joined in trial by learned trial Court and co-accused Ali Sher and 14 others have already been refused pre-arrest bail by this Court. By contending so, they sought for dismissal of instant bail application.

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

6.        The applicant is named in FIR with specific allegation that he with rest of the culprits after having formed an unlawful assembly and in prosecution of their common object, in order to satisfy its grudge with the complainant party on account of free-will marriage of Mst.Razul with Seengar Ali, the cousin of complainant Muhammad Ali by making trespass into the house of the complainant, abducted his wife Mst.Afshan with her suckling baby Shahbaz aged about 07 days, and his sister-in-law Mst.Noshan, with intention to subject them to rape and then made their escape good leaving the abductees and suckling baby behind after causing them blows, suckling baby Shahbaz it is said has died on sustaining of blow with some hard blunt substance. In that situation, it would be premature to say that the applicant being innocent has been involved in this case falsely by the complainant party. Co-accused who were let off by the police now have been joined in trial by the learned trial Court, therefore, benefit of such action could hardly be extended to the applicant. Both the abductees on recovery have been found sustaining the injuries and they have also supported the contents of FIR in their 161 Cr.PC statements. The complainant and PWs may be related inter-se but their relationship is not enough to disbelieve them at this stage. There appear reasonable grounds to believe that the applicant is guilty for the offence for which he has been charged.

7.        In view of above, it could be concluded safely that the applicant is not found entitled to grant of bail, therefore, the instant bail application is dismissed.

                              J U D G E