ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No. 769 of 2023

(Mst. Shamshad and Muhammad Amir versus The State)

Date Order with signature of Judges

For hearing of bail application

19.06.2023

Mr. Abdul Nabi Joyo and Ms. Firdous Sharif advocates for the applicants

Ms. Rubina Qadir, D.P.G for the State

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It is alleged that the applicants with rest of the culprits in furtherance of their common intention abducted Mst. Salma Bibi daughter of complainant Mst. Kalsoom in order to subject her to rape, for that the present case was registered.

The applicants on having been refused by learned VII-Additional Sessions Judge, Karachi East have sought for the same from this Court by way of instant bail application under Section 498 Cr.P.C.

It is contended by learned counsel for the applicants that the applicants were actually enjoying the concession of bail which was granted to them after their arrest by learned trial Court, it was recalled on account of their absence without providing chance of hearing to them, therefore they are entitled to be admitted to pre-arrest bail on point of further inquiry and malafide.

Learned DPG for the state has opposed to grant of pre-arrest bail to the applicants by contending that they have misused the concession of bail.

Heard arguments and perused the record.

The FIR of the incident has been lodged with delay of about 03 days, such delay having not been explained plausibly could not be overlooked. Mst. Salma the alleged abductee has already recorded no objection to grant of bail to the applicants. The concession of bail to the applicants has been released without providing chance of hearing to them which is contrary to mandate of fair trial. The absence of the applicants it is said was beyond their control and it was not willful. The case has finally been challaned. In these circumstances, a case of grant of pre-arrest bail to the applicants on point of further inquiry and malafide is made out.

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

Instant bail application is disposed of accordingly.

J U D G E