IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.340 of 2026
[ Abdul Rehman son
of Zahid Pervaiz vs The State ]
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
-----------------------------------------------------
10.02.2026
Mr.
Aftab Ali Panhwar, advocate for applicant
Mr.
Sharafuddin Kanhar, A.P.G. & Ms. Rukhsana Qassim Mirjat, ADPP
IO/PI
Arifa of PS Eidgah
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Applicant/accused
Abdul Rehman son of Zahid Pervaiz Shahid seeks pre-arrest bail in FIR No.329/2025,
registered at Eidgah, for offence under Section 365-B, PPC read with Sections 3
of the Prevention of Trafficking in Persons Act, 2018 and Sections 3 and 4 of
the Sindh Child Marriage Restraint Act, after rejection of their bail plea by
learned Additional Sessions Judge-III, Karachi South vide order dated
13.01.2026.
It is
alleged in the FIR that applicant abducted daughter of complainant, namely,
Iqra, aged about 15 years. During investigation, she was recovered and her
statement under Section 164, Cr.PC was recorded by learned concerned Magistrate
wherein she denied the allegation of her abduction and stated that she has
contracted marriage by exercising her right of freewill.
Learned
counsel for applicant submits that final challan has been submitted and all the
sections applied in the FIR are deleted, except Sections 3 and 4 of the Sindh
Child Restraint Act, 2013, which does not fall the with ambit of prohibitory
clause of Section 497, Cr.PC and the case of the applicant/accused requires
further inquiry in terms of Section 497(2), Cr.PC.
Mr.
Zafar Ali Sipyo, advocate, has filed Vakalatnama on behalf of the complainant
and opposed for grant of bail on the ground that applicant has committed
offence against the society and final challan has been submitted by the IO
under Sections 3 and 4 of the Sindh Child Marriage Restring Act, 2013. Learned A.P.G.
has also opposed for grant of bail , however, he admits that all the sections
applied in the FIR are deleted, except Sections 3 and 4 of the Sindh Child
Restraint Act, 2013, which does not fall the with ambit of prohibitory clause
of Section 497, Cr.PC.
Heard the
learned counsel for applicant, learned A.P.G., learned counsel for complainant
and perused the material available on record.
It
is alleged in the FIR that applicant had abducted the daughter of the
complainant, namely, Iqra, aged about 14/15 years. During investigation, she
was produced before learned concerned Magistrate where her statement was
recorded under Section 164, Cr.PC in which she denied the allegation of
abduction by the applicant, however, the IO submitted challan under Sections 3
and 4 of the Sindh Child Marriage Restring Act, 2013, which does not fall
within the ambit of prohibitory clause of Section 497, Cr.PC and requires
evidence. From tentative assessment of the material available on record, it
appears that the case of the applicants calls for further inquiry in terms of
Section 497(2), Cr.PC; that in case of pre-arrest bail, merits cannot be
considered 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); Therefore, interim
pre-arrest bail granted to applicant above named by this Court vide order dated
02.02.2026 is confirmed on the same terms and conditions. Applicant/accused is
directed to join the trial forthwith.
The observations made
herein above are tentative in nature, the same would not prejudice the case of
either party at trial.
The instant
criminal bail application is accordingly disposed
of.
J
U D G E
Gulsher/PS