IN THE HIGH COURT OF SINDH, CIRCUIT COURT, MIRPURKHAS

Criminal Bail Application No. S-128 of 2024

Applicants/ accused:      1. Hashim s/o Magho.

                                        2. Satram s/o Chetan

                                        through Mr. Raja Ram Chander advocate.

Complainant:                  Jesso Bheel

                                        Through Ms. Parveen Shah advocate.

The State :                        Through Mr. Dhani Bakhsh Mari,

     Assistant  Prosecutor General, Sindh

Date of hearing:              24.07.2024

Date of order:                 24.07.2024

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ORDER

KHADIM HUSSAIN SOOMRO. J- Through instant Criminal Bail application, the applicants/ accused have sought post-arrest bail after the dismissal of their post-arrest bail application No. 300/ 2024, arising out of Crime No. 93/ 2024 of PS Umerkot City, registered under section 365-B, 34 PPC by learned Additional Sessions Judge-I, Umerkot, vide order dated 24-04-2024.

2.       Brief facts of the prosecution case as per FIR lodged by complainant Jesso Bheel on 29-03-2024 at 1500 hours are that on the same date at 1:30 a.m. accused Teerat armed with a pistol, Heero having lath, Hashim armed with a hatchet and Satram armed with pistol trespassed into the house of the complainant and abducted sister of the complainant namely Shr. Preman, aged about 14/15 years, by dint of force with the intention to commit Zina with her or to force her to contract marriage; hence this bail application.

3.       Learned counsel for the applicants/ accused submits that complainant and eyewitnesses were examined before the trial court, and they have not implicated the present applicants/ accused with the commission of the offence; that 164 Cr.P.C statement of the victim does not transpire the names of the present applicants/accused; that he applicants are entitled to grant of bail.  

4.       Learned APG, assisted by learned counsel for the complainant while opposing the instant bail application, submits that the applicant/ accused are nominated in the FIR with a specific role; complainant and P.W.s have fully supported the case of prospection at the initial stage, however, at the time of trial they turned hostile perhaps due to private settlement.

5.       I have heard counsel for both parties and perused the material available on record.

6.       No doubt, present applicants/ accused are nominated in the FIR; however, complainant Jesso Bheel and eye witness Manga Ram were examined during the trial and did not implicate the present applicants/ accused to be involved in the commission of the offence. The victim in her 164 Cr.P.C statement also did not implicate them. Furthermore, in 164 Cr. P.C statement: the victim has not levelled allegation of Zina against the present applicants/ accused; thus, in such circumstances, a case against the present applicants/accused requires further inquiry into their guilt, which falls within the ambit of section 497 (2) Cr.P.C. The reliance can be placed in the case of Muhammad Najeeb V/S The state 2009 SCMR 448.

 7.       In view of the above, instant bail application is allowed, and applicants/accused are enlarged on bail subject to furnishing one solvent surety in the sum of Rs. 50,000/= (Rupees Fifty thousand only) each and P.R.Bond in the like amount to the satisfaction of the learned trial court.

8.       Needless to mention here, the observations made in this order are tentative in nature and will not influence the case's merits.

JUDGE

*Saleem*