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