THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

1^st Criminal Bail Application No.S-271 of 2022

Applicant:            Shahid Hussain Lashari.

Respondent:        The State

Through Mr. Shafi Muhammad Mahar, Deputy Prosecutor General, Sindh.

Date of hearing:  03.11.2022

Date of Order:     03.11.2022

O R D E R

AMJAD ALI SAHITO, J.- Through instant Criminal Bail Application, applicant/accused Shahid Hussain son of Fida Hussain alias Babli Lashari seeks post-arrest bail in Crime No. 40/2022, offence under Sections 365-B, 452 & 34 PPC of the Police Station Kashmore. Prior to this, he filed such application, but the same was rejected by the Court of Sessions Judge, Kashmore at Kandhkot vide order dated 20.04.2020; hence he filed instant Criminal Bail Application.

2.                The details and particulars of the F.I.R. are already available in the bail application  and F.I.R., same could not gathered from the copy of F.I.R. attached with such application, hence, needs not to reproduce the same hereunder.

3.                None present for the applicant, no intimation is furnished.  Instant Criminal Bail Application was presented on 27.05.2022, since then it is pending before this Court. 

4.                Heard the learned Deputy Prosecutor General and perused the record.  From perusal of record it reflects that the complainant had lodged the F.I.R. that his daughter Shabana Khatoon, aged about 17/18 years was kidnapped by accused Altaf Hussain and Aslam alongwith two unknown persons and after registration of the F.I.R. investigation conducted and thereafter the alleged abductee was recovered and in her Statement under section 164 Cr.P.C she has given the contrary story to the complainant and stated that on 11.03.2022 at about 07:00 a.m. she was present in the backyard of her house and present applicant had kidnapped her on motorcycle and subsequently handed over to Altaf Hussain and Aslam for further selling at which Kashmore police has recovered her.  From the face of F.I.R., it appears that applicant/accused Shahid was already known to the complainant, but he did not implicate him in the F.I.R. and thereafter the alleged abductee has implicated him.  It is yet to be seen whether the applicant had committed offence or not when evidence will be recorded. No allegation of committing rape has been made by the alleged abductee against the present applicant/accused. At bail stage only tentative assessment is to be made. The challan has been submitted and the applicant/accused is no more required for further investigation. 

5.                Accordingly, the bail application is allowed and the applicant/accused is admitted to bail subject to his furnishing solvent surety in the sum of Rs.100,000/-(Rupees One Hundred Thousands only) and P.R.Bond in the like amount to  the satisfaction of the learned Trial Court.

6.                Needless to mention here that the observations made hereinabove are tentative in nature and would not influence the learned Trial Court while deciding the case of either party at trial.

                                J U D G E

Manzoor