IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
Criminal Bail Appln. No. S-753 of 2024
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Applicants |
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Muhammad Bux and others |
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Through Mr. Muhammad Afzal Jagirani, advocate |
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The State |
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Mr. Aitbar Ali Bullo, D.P.G for the State
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Complainant |
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Mst. Azbano, |
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Through Mr. Abdul Rehman A. Bhutto, advocate |
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Date of hearing |
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16-04-2025 |
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Date of order |
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16-04-2025 |
O R D E R
AMJAD ALI SAHITO, J.- Through instant criminal bail application, applicants/accused Muhammad Bux, Ali Muhammad, Muhammad Hassan, Khadim Ali @ Khadim Hussain, Adab Hussain and Gulzar Ahmed seek interim pre-arrest bail in Crime No.135/2024, for the offence U/s 376, 511, 452, 506/2, 504 P.P.C @ 3 T.I.P Act, 2018, registered at Police Station B-Section Kandhkot. Prior to this, he filed such application but the same was turned down by the Additional Sessions Judge/GBV, Kashmore, vide order dated 10.12.2024, hence he has filed instant criminal bail application.
2. The details and particulars of the FIR are already available in the bail application and FIR, same could be gathered from the copy of FIR attached with such application, hence, needs not to reproduce the same hereunder.
3. Learned counsel for the applicants submits that the applicants/accused are innocent and they have falsely been implicated; that F.I.R is delayed for about 12 days and no plausible explanation has been furnished by the complainant; that the story narrated by the complainant is not appealing to the prudent mind as five persons who are stated to be cousins of the complainant entered into the house for committing Zina. He further submits that infact there is dispute over the property and on this point the F.I.R has been lodged in order to create pressure upon the applicant. Lastly he has prayed for confirmation of bail.
4. On the other hand, learned counsel for the complainant and learned D.P.G. have vehemently opposed for grant of bail. They have lastly prayed for dismissal of bail application.
5. Heard and perused.
6. Admittedly F.I.R is delayed about 12 days in registration of F.I.R for which no plausible explanation has been furnished; per learned counsel, the applicants and complainant are the cousins and infact due to dispute over the agricultural land they have been booked in this case otherwise story as narrated is not believable and it is not possible that five presences in presence of husband tried to commit Zina with his wife. All aspects will be seen when the evidence will be recorded. Learned counsel for the applicant also pleaded malafide on the part of the complainant. At bail stage, only tentative assessment is to be made. Learned counsel for the applicant has also pleaded malafide on the part of the complainant.
7. In view of above, the learned counsel for the applicants/accused has made out case for grant of interim pre-arrest bail in view of subsection (2) of Section 497 Cr.P.C. Resultantly, instant bail application is allowed. Interim order passed earlier vide order dated 12.12.2024 is confirmed on same terms and conditions.
8. 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