IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Cr. Bail Application No. S-601 of 2024

Applicants:                                       Zulfiqar Ali alias Zulfiqar and

                                                            Faheem Ali alias Faheem

                                                            Though Mr. Safdar Ali Ghouri, Advocate

The State:                                         Through, Mr. Nazir Ali Bhangwar, Deputy Prosecutor General, Sindh

Date of hearing:                             05-03-2025

Date of order:                                 05-03-2025

O R D E R

Khalid Hussain Shahani, J.-   Through the instant criminal bail application, the applicants seek pre-arrest bail in a case bearing Crime No.100/2024, Police Station A-Section Shahdadkot, for offences under Sections 365, 506(2), 394, 114, 148, and 149 of the Pakistan Penal Code (PPC). The applicant had previously filed a bail application before the learned 1st Additional Sessions Judge/MCTC, Kamber, which was dismissed vide order dated 29.06.2023. 

2. The details and particulars of the First Information Report (F.I.R.) are already available within the bail application, and the same can be ascertained from the copy of the F.I.R. attached to the application. Therefore, it is not necessary to reproduce them in detail herein.

3. Learned counsel for the applicants contends that they are innocent and have been falsely implicated in the present case due to mala fide intentions stemming from a longstanding matrimonial dispute. It is argued that the applicants, Zulfiqar Ali and Faheem Ali, are the real brothers of the alleged victim, Mst. Gulshan Begam. The alleged victim has sworn an affidavit exonerating the applicants from any involvement in the commission of the alleged offence. The Hon’ble Supreme Court of Pakistan has consistently held that where the alleged victim categorically absolves an accused from criminal liability, the case becomes one of further inquiry under Section 497(2) of the Code of Criminal Procedure, 1898 (Cr.P.C.), warranting consideration for bail. Based on these circumstances, the learned counsel prays for the confirmation of pre-arrest bail for the applicants, asserting that the case against them lacks legal and factual substance.

4. The Learned Deputy Prosecutor General, Sindh, acknowledges that the parties involved share a familial relationship and that the alleged victim has unequivocally exonerated the applicant from any involvement in the commission of the alleged offence. In view of this development, and considering the legal precedents established by the Hon’ble Supreme Court of Pakistan, which emphasize that when the alleged victim absolves the accused, the case falls within the ambit of further inquiry under Section 497(2) of the Code of Criminal Procedure, 1898 (Cr.P.C.), the prosecution does not object to the confirmation of pre-arrest bail for the applicants.

5. The alleged victim, Mst. Gulshan Begam, has sworn an affidavit exonerating the applicants, who are her real brothers, from any involvement in the alleged offence. She has appeared in person before the Court and, upon inquiry, has unequivocally supported the contents of the affidavit placed on record, along with the statement made by the learned counsel for the applicants. This gives rise to two conflicting versions: one contained in the FIR and the other set forth in the affidavit filed by the alleged victim. The Hon’ble Supreme Court of Pakistan has repeatedly held that in cases where two distinct versions exist—one favoring the prosecution and the other favoring the accused—the matter falls within the scope of "further inquiry" as envisaged under Section 497(2) of the Code of Criminal Procedure, 1898 (Cr.P.C.), warranting the grant of bail. In light of these circumstances, a prima facie case for further inquiry has been established by the applicants. Accordingly, the interim pre-arrest bail already granted to the applicants is confirmed on the same terms and conditions, subject to their continued cooperation in the investigation and trial proceedings.

J U D G E

S.Ashfaq/-