IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No.S-515 of 2021

Cr. Bail Application No.S-558 of 2021

Applicants: Muhammad Aslam and Sarmand Ali,

through M/s Shamsuddin Rajper and

Fayazuddin Rajper, Advocates

Cr. Bail Application No.S-517 of 2021

Applicant: Nek Muhammad, through

Mr. Gulshan Ghumro, Advocate

Cr. Bail Application No.S-555 of 2021

Applicant: Sajan Lakho, through

Mr. Shamsuddin Ghanghro, Advocate

Complainant: Rashid Ali in person

State: Through Shafi Muhammad Mahar

Deputy Prosecutor General.

Date of hearing: 15-11-2021

Date of Decision: 15-11-2021

O R D E R

ZULFIQAR ALI SANGI, J.- By this common order, I intend to dispose of captioned four bail applications arising out of same crime, filed by applicant Muhammad Aslam son of Haji Muhammad Panhyar (Cr.B.A.No.S-515/2021), applicant Sarmand Ali son of Mour Panhyar (Cr.B.A.No.S-558/2021), applicant Nek Muhammad son of Jam Khan Kalhoro (Cr.B.A.No.S-517/2021), who are seeking their pre-arrest bail while applicant Sajan son of Ghulam Rasool Lakho (Cr. B.A.No.S-555/2021) is seeking his post-arrest bail, in Crime No.74/2021, registered at Police Station Khuhra, District Khairpur, for the offences u/s 365-B PPC. Their earlier bail pleas were declined by the learned Additional Sessions Judge-IV, Khairpur, vide orders dated 12.08.2021, 25.08.2021 and 02.09.2021 respectively.

2. It is alleged in the FIR that on 11.07.2021 at 1000 hours accused Nek Muhammad, Sajan, Abdul Ltaif and Muhammad Aslam entered into the house of Naveed Ahmed the cousin of complainant Rashid Ali and on the point of pistols abducted away complainant’s sister Mst.Zoya.

3. Learned counsel for the applicants Muhammad Aslam and Sarmand Ali has contended that there is delay of about 16 days in lodging of FIR. He next contended that actually the alleged abductee has contracted marriage with co-accused Sajan and sworn such free-will affidavit and thereafter applicant Sajan and alleged abductee had filed an application for protection before the Sessions Judge Naushahro Feroze, later on, in a private faisla alleged abductee was handed over to her parents who then lodged this false FIR. He also contended that the alleged abductee Mst. Zoya in her statement u/s 164 Cr.P.C has not given the name of applicant Muhammad Aslam and all the witnesses are close relative of the complainant and no independent person has been cited as witness or mashir. He lastly contended that these circumstances make the case of applicants as one of further enquiry and applicants are entitled for confirmation of interim pre-arrest bail already granted to them. In support of his contentions leaned counsel placed his reliance on 2019 YLR Note.69 and a copy of bail order dated 08.03.2021 passed by Circuit Court Larkana in Cr.B.A. No.S-36/2021.

4. Learned counsel for the applicant Nek Muhammad adopted the arguments advanced by learned counsel for applicants Muhammad Aslam and Sarmand Ali and has further contended that the applicant is sick and infirm person and is unable to participate in any such type of incident. He placed on record certified true copy of affidavit of complainant Rashid Ali filed before the trial court and submitted that in the said affidavit he has stated that he has not nominated accused Nek Muhammad and police has inserted his name with their own accord. He also placed on record copy of 161 Cr.P.C statement of PW Naveed allegedly in whose house this incident had taken place, and submitted that in his statement u/s 161 Cr.P.C he has stated that no such incident has taken place in his house nor he knows about any such incident. He also contended that I.O after conducting investigation recommended the case to be disposed of under B-class. He prayed for confirmation of interim pre-arrest bail already granted to him.

5. Learned counsel for applicant Sajan also adopted the arguments advanced by both the learned counsel for the applicants and further contended that alleged abductee Mst. Zoya in her 164 Cr.P.C statement has stated that she was abducted from Gambat. However, in the FIR the place of incident has been shown the house of PW Naveed which is situated in Deh Khuhra, which casts serious dent to the prosecution case. He further contended that the investigation has been completed and the accused is no more required for further investigation.

6. Learned DPG assisted by complainant has opposed the bail pleas of applicants and has contended that the applicants are nominated in the FIR with the role of abduction of one girl and they are involved in a heinous offence. They also contended that the offence falls within prohibitory clause of section 497 Cr.P.C. They prayed for cancellation of interim pre-arrest bail already granted to applicants Muhammad Aslam, Sarmand Ali and Nek Muhammad, as well as dismissal of post-arrest bail of accused Sajan Khoso.

7. I have considered the submissions of learned counsel for the parties and have gone through the material available on the record with their able assistance.

8. Admittedly, there is inordinate delay of 16 days in registration of FIR, which has not been explained properly. Record reflects that the alleged abductee Mst. Zoya contracted marriage with accused Sajjan and sworn such free-will affidavit. Record also reflects that after marriage present applicant Sajan and abductee Mst. Zoya has approached the court of Sessions Judge Naushahro Feroze for legal protection by filing an application u/s 22-A & B Cr.P.C. Record further reveals that as per FIR incident took place in the house of PW Naveed but said PW Naveed in his 161 Cr.P.C statement has stated that no such incident has taken place in his house nor he knows about such incident. Further the house of said PW Naveed, as per FIR, is situated in Khuhra but abductee Mst. Zoya in her 164 Cr.P.C statement has stated that she has been abducted from Gambat. In view of these facts and circumstances, the case against applicants requires further enquiry. Deeper appreciation of evidence is not permissible at the bail stage and the same is to be decided tentatively.

9. From the tentative assessment of material available on record, it appears that the applicants have made out their good case for grant of pre-arrest /post-arrest bail. Resultantly, the interim pre-arrest bail already granted to the applicants / accused Muhammad Aslam, Sarmand Ali and Nek Muhammad by this court vide orders dated 20.08.2021, 09.09.2021 and 23.08.2021, are hereby confirmed on same terms and conditions. While applicant Sajan is admitted to post-arrest bail subject to furnishing his solvent surety in the sum of Rs.100,000/- (rupees one lac) and PR bond in the like amount to the satisfaction of the trial court.

10. The observations made hereinabove are tentative in nature only for the purpose of deciding the instant bail applications, which shall not, in any manner, influence the learned Trial Court at the time of final decision of the subject case.

11. Office is directed to place a signed copy of this order in all the captioned connected bail applications.

JUDGE

Suleman Khan/PA