ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No.S-606 of 2021

 

Date

               Order with signature of Judge

           

Applicants:                                 Asif Ali and others, through

                                                  Mr. Zafar Ali Shah Bukhari

                                                  Advocate

 

Complainant:                             Nemo

 

State:                                         Through Mr.Shafi Muhammad Mahar,

                                                  Deputy Prosecutor General

 

Date of hearing:                         07.02.2022

 

Dated of order:                           07.02.2022

                                                 

O R D E R

 

Zulfiqar Ali Sangi, J:   Through this bail application, applicants/ accused Asif Ali Bozdar, Muhammad Afzal Arain, Muhakumuddin Bozdar and Muhbut Ali alias Bhutoo, are seeking their pre-arrest bail in FIR No.31/2021, registered at Police Station Bozdar Wada, District Khairpur, u/s 365-B, 148 and 149 PPC. Earlier their same plea was declined by the learned Additional Sessions Judge-IV, Khairpur, vide order dated 20.09.2021.   

2.              Learned counsel for the applicants has contended that at the first instance Mst. Rani entered into Nikah with applicant Asif Ali and filed constitution petition before this court for protection and same was granted to them, subsequently after about eight months applicant Asif Ali divorced her which annoyed her and  she filed application u/s 22-A & B, Cr.P.C, resultantly this FIR was registered by managing false story as such the case requires further enquiry and it will be decided by the trial court as to whether she has  given correct statement or false.

3.              Learned DPG has opposed the confirmation of bail on the ground that the applicants are nominated in the FIR with specific roles and complainant (abductee) has fully supported her version in her 164 Cr.P.C statement which was recorded subsequently. He next contended that no malafide has been shown by the applicants on the part of complainant which is mandatory requirement for pre-arrest bail.

 

4.              I have heard learned counsel for the applicants, learned DPG and perused the material available on record with their able assistance.

 

5.           Record reflects that at the first instance complainant and applicant Asif Ali entered into Nikah and then filed  CP No.529/2021 before principal seat and obtained order of protection on 15.01.2021 and subsequently on undertaking  given by the private respondents the said petition was disposed of vide order dated 28.01.2021. The entire exercise of filing constitution petition and obtaining order was before the registration of FIR and at that time no one has raised this point that complainant/abductee was abducted by the applicant party, however subsequently when on 20.08.2021 said Asif Ali had divorced her then after three days of divorce she approached the Justice of Peace for registration of FIR and obtained favourable order and FIR of the present case was registered, however the same exercise after nine months of the incident reflects that the entire story in FIR is managed one and  in presence of the material false implication cannot be ruled out.

 

6.           It is settled principle of law that bail application is to be decided tentatively and deeper appreciation of evidence is not permissible. From the tentative assessment of the material available on record, the applicants have made out the case for confirmation of their  pre-arrest bail, therefore, the interim pre-arrest bail already granted to the applicants / accused  by this court vide order dated 23.09.2021, is hereby confirmed on same terms and conditions.

 

7.           Observations made herein above are tentative in nature and will not cause any prejudice to either party at the trial.

 

 

                                                                             JUDGE

 

Suleman Khan/PA