IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.292 of 2026
[ Gulsher son of Malki Khan versus The State ]
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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10.02.2026
Mr. Javaid Ahmed Rajput, advocate for applicant
Mr. Muhammad Mohsin,
A.P.G. a/w IO/PI Abdul Rasheed
M/s Muhammad Daud
Narejo & Kamran Ali Kalhoro,
advocates filed Vakalatnama on behalf of complainant
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SHAMSUDDIN
ABBASI, J.- Applicant/accused Gulsher son of Malki Khan seeks post
arrest bail in FIR No.892/2025, registered at P.S. Boat Basin, Karachi for
offence under Sections 364-A, 34, PPC, after rejection of their bail plea by
learned Additional Sessions Judge-I/Special Court (ARITA-2021), Karachi South vide
order dated 15.01.2026.
2. It
is alleged in the FIR that alleged abductee Ms. Suman,
aged about 14/15 years who was studying in Qartaba Maddressah, went to Maddressah on
09.11.2025 but did not return till 02:00 p.m. Upon inquiry from Maddressah, it was informed to him that she did not attend Maddressah on that day. Prior to that, one Mst. Ayesha along with her mother came to his home and
demanded the hand of his daughter Suman for his
brother Aadil, which he refused and upon such refusal
they threatened for dire consequences, as such, he suspected that his daughter
was kidnapped by Adil son of Gulsher,
hence the aforesaid FIR.
3. Learned
counsel for applicants submits that applicant is not nominated in the FIR and
he has been implicated through further statement of complainant recorded by the
IO on 10.11.2025 due to mala fide intentions and ulterior motives; that
applicant was arrested on 12.11.2025 and he is behind the bar since then
without any progress in trial.
4. On
the other hand, learned A.P.G., assisted by learned counsel for complainant, opposed
for grant of post arrest bail on the ground that son of applicant has abducted
the minor girl for committing Zina, which make out a
heinous offence against the society; that applicant has taken different pleas
by placing forged, fake and fabricated documents in shape of Nikahnama and Affidavit of Free, which were verified by the
IO and found such documents as fake; that Section 195, Cr.PC
is attracted in the present case as the applicant party has placed on record
forged documents.
5. Heard
learned counsel for applicants as well as learned A.P.G. and learned counsel
for complainant and perused the material available on record.
6. From
tentative assessment of the material available on record, it appears that the
applicant is not nominated in the FIR and he was later on implicated by the
complainant through his further statement recorded by the IO on 10.11.2025;
that applicant is father of main accused and there is no material against the
applicant which connects with the alleged offence. Case of applicant calls for further
inquiry in terms of Section 497(2), Cr.PC. Reliance
is placed on the case of Muhammad Ameen versus the
State (2022 SCMR 1444). Therefore, the applicant is admitted to post arrest
bail, subject to furnishing solvent surety in the sum of Rs.50,000/- (Rupees Fifty Thousand) and P.R. bond in the like amount to the
satisfaction of the trial Court.
7. Needless
to mention here that the observations made hereinabove are tentative in nature,
the same 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
Gusher/PS