ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail. Application No.S- 517 of 2020

1. For Orders on office objection.

2. For hearing of bail application

29-03-2021.

Mr. Ghulam Mujtaba Jakhar advocate for applicants.

Mr. Haji Shamsuddin Rajper, advocate for complainant.

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

>>>>>>>…<<<<<<<<

Irshad Ali Shah, J;- It is alleged that the applicants with rest of the culprits abducted Mst. Fozia wife of complainant Qurban Ali together with her house hold articles, in order to subject her to 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 09 days and very case on investigation was recommended by the police to be cancelled under “C” 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 and learned counsel for the complainant have 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 nine days, such delay having not been explained plausibly could not be over looked. Mst. Fozia has returned of her own under mysterious circumstances. No allegation of rape is leveled by Mst. Fozia against any of the applicant. The very case on investigation was recommended by the police to be cancelled under “C” class. 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.