IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.3568 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
orders on office objection
For
hearing of bail application
-----------------------------------------------------
18.02.2026
Mr. Muhammad Naveed, advocate for
applicant
Mr. Sharafuddin Kanhar, A.P.G.
SIP Khadim Hussain of PS Surjani
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Applicant
Ubaiduddin seeks pre-arrest bail in FIR No.767/2025, registered at P.S. Surjani
for offence under section 365-B, PPC read with Section 2 and 4 of the TIP Act, after
dismissal of his bail plea twice by learned Additional Sessions Judge-X, West Karachi
vide orders dated 30.08.2025 and 06.11.2025.
It is
alleged in the FIR that alleged abductee was missing since 07.06.2025, complainant
searched out alleged abductee Nayab Naz but did not find her, therefore, he
approached the police station on 10.06.2025 and lodged the aforesaid FIR to the
above extent.
Learned
counsel for applicant submits that during investigation statement under section
164, Cr.PC of alleged abductee Nayab Naz was recorded by learned concerned
Magistrate wherein she denied the allegation of abduction and stated that she
has contracted marriage with the applicant.
Learned
A.P.G. opposed for grant of bail on the ground that alleged offence is a
heinous one.
Heard learned
counsel for applicant, learned A.P.G. and perused the material available on
record.
It is alleged in the FIR that alleged abductee Nayab
Naz was missing and such FIR was registered by her father against the applicant
on the allegation of abduction. During investigation statement under section
164, Cr.PC of alleged abductee Nayab Naz was recorded by learned
Magistrate-XVII Karachi West on 04.09.2025 wherein she categorically denied the
allegation of abduction and stated that she has contracted marriage with the
applicant, which makes out the case of further inquiry in terms of Section
497(2), Cr.PC. It is settled law that merits of the case can be considered in
pre-arrest bail 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 the applicant/accused
above named by this Court vide order dated 24.12.2025 is confirmed on the same
terms and conditions.
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