ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail. Application No.S- 350 of 2020

For hearing of bail application

29-03-2021.

Mr. Haji Shamsuddin Rajper, advocate for applicant

Mr. Aftab Ahmed Shar, Additional Prosecutor General for the State.

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Irshad Ali Shah, J; It is alleged that the applicants with rest of the culprits by making trespass into house of complainant Muhammad Nawaz, abducted his daughter Mst. Abida, in order to subject her rape, for that the present case was registered.

2. The applicants on having been refused pre-arrest bail by learned Additional Sessions Judge-IV, Khairpur, have sought for the same from this Court by way of instant bail application under Section 498-A Cr.P.C.

3. It is contended by learned counsel for the applicants that applicants being innocent have been involved in this case falsely by the complainant party; the FIR of the incident has been lodged with delay of about one month, DNA report is negative and the very case on investigation was reported by the police to be cancelled under “B” class. By contending so, he sought for pre-arrest bail for the applicants as they according to him are apprehending unjustified arrest at the hands of the police which is motivated by the complainant party.

4. Learned DPG for the State has opposed to grant of pre-arrest bail to the applicants by contending that they have 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 month, such delay having not been explained plausibly could not be over looked. Mst. Abida has been recovered by the police under mysterious circumstances. She in her statement u/s 161 Cr.P.C has alleged rape against applicant Asif Ali. On examination, applicant Asif Ali was not found contributor of semen stains/Sperms fraction on viginal swab of Mst. Abida. The case has finally been challaned. The applicants have joined the trial. The applicants have not misused the concession of bail. In these circumstances, the applicants are found entitled to grant of pre arrest bail on point of further inquiry and malafide.

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

8. Instant Cr. Bail Application is disposed of accordingly.

Judge

Nasim/Steno.