IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.3439 of 2025
[
Hamad son of Abdul Samad
versus The State ]
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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27.01.2026
Mr. Zahid Iqbal, advocate for applicant
Mr. Sharafuddin
Kanhar, A.P.G.
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SHAMSUDDIN ABBASI,
J.—Applicant/accused Hamad son of Abdul Samad seeks
pre-arrest bail in FIR No.173/2023, registered
at P.S. Mahmoodabad
for offence under section 365-B, PPC, after rejection of his bail plea by learned
Additional Sessions Judge-III/Special Court (ARITA-2021) Karachi South vide
order dated 17.10.2025.
2. Brief
facts of the case are that on 11.05.2023, complainant Shahzad
Khan lodged the aforesaid FIR against the applicant, alleging therein that her
two daughters went to Government Women College, situated at Shahrah
Iraq, but did not return home, hence the subject FIR against unknown persons.
3. Learned
counsel for applicant submits that applicant/accused is innocent and he has
been falsely implicated in this case; that complainant’s daughter Areeba has contracted marriage with applicant on 23.06.2023
by exercising her right of freewill; that dispute between the parties have been
settled and complainant, who is father of alleged abductee, has filed affidavit
of no objection for grant of bail to applicant/accused. In support of his
contention he has placed on record photostat copies
of Nikahnama and affidavit of no objection by father
of alleged abductee (available at Pages 39
to 43), and submits that the case of the applicant/accused requires further
inquiry in terms of Section 497(2), Cr.PC.
4. On the
other hand, learned A.P.G. has opposed the bail to the applicant on the ground
that applicant is nominated in FIR and alleged abductee has fully implicated
him in the commission of offence in her 164, Cr.PC
statement recorded by learned Magistrate; that the alleged offence comes within
the ambit of Section 497(1), Cr.PC, hence he is not
entitled for grant of extra-ordinary relief by way of pre-arrest bail.
5. Heard
learned counsel for the applicant as well as learned A.P.G. and perused the
material available on record.
6. From
tentative assessment of material available on record, it appears that there is
delay of three days in lodging of FIR, without any plausible explanation;
learned counsel for applicant has placed on record photostat
copies of Nikahnama of alleged abductee with the
applicant; that alleged abductee has contracted marriage with the applicant by
way of exercising her right of freewill; it is the matter of record that the
complainant, who is father of the alleged abductee, has recorded no objection
for grant of bail to the applicant/accused. From tentative assessment of
material available on record it appears that this a case of two version in
presence of Nikahnama of alleged abductee, which
calls for further inquiry in terms of Section 497(2), Cr.PC.
It is settled proposition of law that merits of case cannot be considered at
bail stage as held by the Supreme Court of Pakistan in the cases of Muhammad Ramzan versus Zafrullah (1986
SCMR 1380) and Muhammad Ijaz versus The State (2022 SCMR
1271). Sufficient grounds are available on record which make
the instant case of further inquiry in terms of Section 497(2), Cr.PC. In view of such position, interim pre-arrest bail
already granted to applicant/accused vide order dated 15.12.2025 is hereby
confirmed on same terms and conditions.
7. Needless
to mention here that the observations made hereinabove are tentative in nature,
the same would not influence the trial Court while deciding the case of the
applicant/accused on merits.
8. Instant
criminal bail application is disposed of in the above terms.
J
U D G E
Gulsher/PS