ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No.S-258 of 2023

(Lal Bux Shar & others Vs. The State)

1. For Orders on office objection.

2. For hearing of Bail Application.

06-11-2023.

Mr. Alam Sher Bozdar, advocate for the applicants.

Mr. Imam Bux Marri, advocate for the complainant.

Mr. Zulfiquar Ali Jatoi, Additional P.G for the State.

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Irshad Ali Shah, J;- It is alleged that the applicants with rest of the culprits by making trespass into house of complainant Mst. Faizan by abducting her, subjected her to rape, for that the present case was registered.

2. The applicants on having been refused Pre-arrest bail by learned IVth Additional Sessions Judge, Khairpur, have sought for the same from this Court by way of instant bail application under Section 498-A Cr.P.C.

3. Heard arguments and perused the record.

4. None come forward to report the incident to police soon after alleged abduction of the complainant; which appears to be strange; the incident was reported to the police by the complainant herself, when she allegedly managed her escape good from the captivity of the culprits; it was reported with delay of about 02 months, that too after having recourse u/s 22 A/A Cr.P.C, such delay could not be over looked; no mark of violence was found on the person of the complainant. The DNA report is negative. The applicants on investigation were found to be innocent by the police. Moreso, co-accused Abdul Hakeem has already been admitted to post arrest bail. In that situation no useful purpose would be served, if the applicants are taken into custody and then are admitted to bail on point of consistency.

5. In case of Muhammad Ramzan Vs. Zafarullah & others (1986 SCMR 1380), it has been held by Apex Court that;-

“no useful purpose was likely to be served, if bail of accused (respondent) was cancelled on any technical ground because, after arrest he could again be allowed bail on the ground that similarly placed other accused were already on bail”.

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

7. The instant bail application is disposed of accordingly.

Judge

Nasim/P.A