ORDER SHEET
IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANO
Cr. Bail Application No.S-226of 2022
Applicant(s): Alman son of Mushtaq by caste Jakhrani, through Mr. Ashfaque Hussain Abro, advocate.
The State: Through Mr. Ali Anwar Kandhro,Additional Prosecutor General.
Date of hearing: 25.07.2022
Date of order: 25.07.2022
ORDER
Adnan-ul-KaimMemon-J. Through this bail application, applicantAlmanseekshis admission on post-arrest bail in FIR No.27/2022, registered at Police Station, Kashmore, for offenses under sections 365-B, 452,506/2 PPC.
2. The accusation against the applicant is that he along with his accomplices traced passed the house of the complainant and abducted Mst. ShamshadGul daughter of the complainant. Such a report of the incident was lodged with the concerned police station on 4.3.2022. Finally, the applicant was arrested in the aforesaid crime and after the cancellation of his post-arrest bail by the learned Sessions Judge, Kashmore @ Kandhkot vide order dated 11.4.2022 has approached this court.
3. Mr. Ashfaque Hussain Abro, learned counsel for the applicant submits thatFIR is delayed for about fifteen days for which no plausible explanation has been given by the complainant hence;the false implication of the Applicant could not be ruled out. He further submits that case was recommended to be disposed of under 'C' class by the investigating officer but the learned Magistrate didn't agree with the report of Investigating Officer and ordered him to submit a charge sheet in the aforesaid case as such the Investigating Officer, was compelled to submit challan in the said case which was not required under the law. He further submits that Mst. Shamshadthe daughter of the complainant approached this court on 22.7.2022 before this Court in C.P.No.S-206/2022 which was disposed of vide order dated22.7.2022, in presence of the complainant, and from the statement of the alleged abductee, it transpires that she had never been abducted rather she married with Muhammad Ismail son of Baz Muhammad Raisani with her freewill as such the case registered against her husband was/is false. He prayed for the disposal of the instant bail application by granting post-arrest bail to the applicant.
4. On the other hand learned Additional Prosecutor General appearing for the State did not object to the grant of bail to the applicant in terms of the statement recorded by the alleged abductee in the aforesaid petition.
5. The complainant has been called but he has chosen to remain absent, though notice has already been served upon him.
6. Heard arguments of learned counsel for the applicant, learned APG and perused the record.
7. Primarily the accusation against the applicant is that he allegedly abducted Mst. Shamshad Gul, however; the contrary position has been disclosed by the alleged detainee Mst. Shamshad Gul appeared before this court on 22.7.2022 and her statement was recorded by the SIP- Police Station Kashmore.In which she categorically stated that she has never been abducted. If this is the position of the case, coupled with the statement of the alleged abductee the case against the applicant requires further inquiry as provided under section 497(2) Cr.P.C.
8. In view of the facts and circumstances discussed supra the applicant has made out a case for post-arrest bail in crime No.27/2022, of Police Station Kashmore, registered for offenses under sections 365-B, 452, and 506/2 PPC.
9. The applicant is enlarged on post-arrest bail in the aforesaid crime subject to furnishing his solvent surety in the sum of Rs.50,000/- (Rupees Fifty Thousand) and PR bond in the like amount to the satisfaction of the trial court.
10. The observations recorded herein above are tentative which shall not prejudice the case of either party before the learned trial court.
JUDGE
S.Ashfaq/-