IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.
Cr. Bail Appln. No.S-249 of 2023
Hussain Bux Khoso & others
Vs
The State
Applicants : Through Mr. Ali Anwar Sahar, Advocate.
State : Through Mr. Ali Anwar Kandhro, Additional
Prosecutor General.
Complainant : Mst. Fozia Khoso Through Mr. Sabir Ali Shaikh,
Advocate.
Date of hearing : 13.07.2023.
Date of Decision : 13.07.2023.
O R D E R.
Applicants Hussain Bux son of Soomar, Ramzan son of Hussain and Sajjad son of Ghulam, all by caste Khoso, seek pre-arrest bail in Crime No.125/2023, registered at Police Station Mehar, District Dadu, under Sections 365-B, PPC.
2. The details and particulars of the FIR are already available in the bail application and crime report, same could be gathered from the copy of FIR attached with the bail application, hence needs not to reproduce the same hereunder.
3. Per learned Counsel, in fact the applicants are innocent and have been falsely implicated in this case by the complainant; prior to this case, the daughter of complainant, namely, Mst. Fiza had contracted marriage with Bisharat Ali Khoso, who is brother of applicant Sajjad, and thereafter by cooking up a false story this false case has been registered; that the FIR is delayed by two days and no plausible explanation has been furnished by the complainant; further that still the Baby Maria is under the custody of complainant party, but in order to create pressure upon the applicants this FIR has been registered, otherwise no offence has been committed by the applicants. Learned Counsel, therefore, contended that the case against the applicants calls for further enquiry and they are entitled for grant of bail.
4. On the other hand, learned Counsel for the complainant, vehemently opposed the bail application and submitted that Baby Maria is still in the custody of the applicants/accused; that before that one Bisharat Ali Khoso, the brother of accused Sajjad contracted marriage with Fiza, who is daughter of the complainant and sister of Baby Maria.
5. Learned Addl. P.G. also opposed the grant of bail.
6. Heard learned Counsel and perused the record.
7. From perusal of record it reflects that brother of applicant No.3 Sajjad, namely, Bisharat Ali Khoso contracted marriage with Mst. Fiza and after contracting marriage Cr. Misc. Application No.1465/2023 was filed by Mst. Fiza before the learned VI-Additional Sessions Judge/Ex-Officio Justice of Peace, Hyderabad, where she has stated that she has got married with Bisharat Ali with her free-will in the District Hyderabad; however, her parents and other family members were issuing threats in collusion with the police, hence the spouses are under threats. She further stated that no one had abducted or forced her to marry with Bisharat Ali. No-where she has stated in her affidavit of free-will or in the application that Mst. Maria was with her. The affidavit is also available on the record, which shows that she has left her house alone and contracted marriage with brother of applicant Sajjad. Learned Counsel for the applicants also pleaded malafide on the part of the complainant that in order to create pressure upon the applicants/accused this false FIR has been registered; otherwise, no offence has been committed by the applicants/accused and that still Mst. Maria is in the custody of the complainant party. At bail stage only tentative assessment of the available material is to be made. When Mst. Fiza daughter of the complainant has clearly stated that no one has abducted her and she has not disclosed the name of Baby Maria, as such, this case requires further enquiry. Learned Counsel for the applicants has made out a case of further enquiry in view of sub-section (2) of Section 497, Cr.P.C. As such, instant bail application is allowed. Interim pre-arrest bail already granted to the applicants/accused is confirmed on same terms and conditions.
JUDGE
Qazi Tahir PA/*