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.
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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.