IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.975 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
---------------------------------------------
08.05.2025
Mr. Muhammad Athar, advocate for
applicant
Ms. Seema Zaidi, Additional
Prosecutor General Sindh
L/SIP Aida Parvez of PS Malir City
Mr. Kashif Ali Keerio, advocate for
complainant
------------------------------
Applicants/accused
Ashiq Hussain son of Ghulam Qadir and Allah Ditta Shakir son of Ghulam Sadiq
Hussain seek post arrest bail in FIR No.376/2024, registered at P.S. Ibrahim
Hyderi for offence under section 496-A, PPC, after rejection of their bail plea
by learned Additional Sessions Judge-V, Malir Karachi vide order dated
29.03.2025.
2. Briefly
the facts of the case as stated in the FIR are that on 20.08.2024 at about
12:00 p.m. the complainant while returning from work found that his wife Marium,
aged 24 years and his 1.5 years old daughter, were not present in house. Upon
search, it discovered to him that Hashim, Sabir and one unidentified person
have abducted his wife with intent to commit rape, hence the subject FIR.
3. Learned
counsel for applicants mainly contended that IO has recommended the case for disposal
in “B” Class and such summary is pending before learned Judicial Magistrate
concerned for passing appropriate orders.
4. Learned
Additional Prosecutor General Sindh, assisted by IO as well as counsel for
complainant, has opposed for grant of bail on the ground that complainant has
narrated her case in her statement under section 164, Cr.PC recorded by learned
Judicial Magistrate concerned.
5. Heard
learned counsel for applicants/accused, learned Additional Prosecutor General
Sindh, counsel for complainant as well as IO and perused the material available
on record.
6. No
doubt, alleged victim has supported her case in her statement recorded by
learned Judicial Magistrate concerned under section 164, Cr.PC but the IO has
found the applicants innocent and came to the conclusion that a false FIR with
a false allegation has been registered against them, therefore, she has
recommended the case for disposal in “B” Class. She further submits that there
is no medical evidence, which connects the applicants/accused in the alleged
offence. In view such circumstances, sufficient material is available on record
which, prima facie, makes out the case for grant of post arrest bail to the
applicants/accused in terms of Section 497(2), Cr.PC. Therefore, the applicants/accused
above named are admitted to post arrest bail, subject to furnishing solvent
surety in the sum of Rs.50,000/- each
and P.R. bond in the like amount to the satisfaction of the trial Court.
7. Needless
to mention here that observations made hereinabove are tentative in nature and
would not prejudice the case of either party at trial.
8. Instant
criminal bail application is disposed of in the above terms.
J
U D G E
Gulsher/PS