ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Crl. Bail Appln. No. S- 15 of 2023.

Date of hearing

Order with signature of Judge

09.03.2023.

1.         For orders on office objections.

2.         For hearing of bail application.

            Mr. Muhammad Afzal Jagirani, Advocate for applicant.

            Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

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Zulfiqar Ali Sangi, J:  Through instant application, Muhammad Nawaz Rind seeks post-arrest bail in Crime No.28/2022, of Police Station Miranpur Buriro (District Jacobabad), registered under Sections 365-B, 452, 148 & 149 P.P.C.  His similar prayer was declined by the learned trial Court, vide order dated 04.01.2023.

            The case of prosecution as per F.I.R lodged by complainant Jaggan Khan on 26.09.2022 is that applicant along with co-accused Imtiaz, Hakim, Ramzan and two unknown persons having pistols and guns entered into house of complainant and on show of force of weapons abducted Mst. Sahiba, the sister of complainant, with intention to commit “Zina” with her.

            Learned counsel for the applicant mainly contended that there is delay of five days in registration of the F.I.R and the same has not been explained plausibly; that during course of investigation the applicant was found innocent and his name was placed in column No.II, however learned Magistrate concerned took cognizance against applicant. Learned counsel further added that alleged abductee Mst. Sahiba voluntarily left the house and contracted freewill marriage with co-accused Imtiaz and to this effect Mst. Sahiba recorded her statement in terms of Section 164 Cr.P.C before learned Judicial Magistrate Kohlu. Learned counsel has placed on record photocopies of “freewill affidavit”, “nikahnama” and 164 Cr.P.C statement. Learned counsel lastly contended that in view of above, the case of applicant calls for further enquiry.

            Conversely, learned D.P.G. appearing for the State opposed grant of bail in favor of applicant on the grounds that he has been nominated in F.I.R with specific role and that till date the abductee has not been produced before the investigation officer or the learned trial Court.

            Heard learned counsel for respective parties and perused the material available on record.

            Perusal of the record reflects that the F.I.R is delayed for about five days, which has not been plausibly explained. It further appears from the material placed on record that the alleged abductee Mst. Sahiba recorded her statement under Section 164 Cr.P.C before learned Judicial Magistrate Kohlu to the effect that she has entered into freewill marriage with co-accused Imtiaz and negates the version of complainant in F.I.R. In view of this aspect of the case, this appears to be case of elopement and not of abduction. Moreover, perusal of challan sheet reflects that, name of applicant was recommended for his release under Section 497 Cr.P.C.

            Tentatively, all these circumstances suggest the case against applicant to be one of further enquiry as envisaged in subsection (2) of Section497 Cr.P.C., entitling him to concession of bail. Accordingly, the bail application stands allowed and applicant is admitted to post arrest bail subject to his furnishing solvent surety in the sum of Rs.100,000/- (One hundred thousand rupees) and P.R bond in the like amount to satisfaction of learned trial Court.

                                                       Judge

Ansari