IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.126 of 2026
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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25.02.2026
Mr. Abdul Ghani, advocate, holds
brief for Mr. G. N. Qureshi, advocate for applicants
Mr. Sharafuddin Kanhar, A.P.G. &
Ms. Rukhsana Qassim Mirjat, ADPP
Mr. Abrar Hussain, advocate for
complainant
IO/SIP Naeem Akhtar, CIC Liaquatabad
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Applicants
Asma Arif and Shahzad Hussain seek pre-arrest bail in FIR No.431/2025,
registered at P.S. Rizvia, Karachi for offence under sections 365, PPC, after
dismissal of their bail plea by learned Additional Sessions Judge-II, Central Karachi
vide order dated 13.01.2026.
Brief
facts of the prosecution case are that on 07.11.2025 at about 0200 hours, two
persons in Punjab Police uniform, one in civil dress along with Asma Arif,
Ex-wife of Raja Muhammad Yasir and Shahzad Hussain, husband of Asma entered in her
house and kidnapped Muhammad Sabir, hence the FIR.
Learned
counsel for applicants mainly contended that applicants are innocent and they
have been falsely implicated in this case; that applicant Asma is ex-wife of
Raja Muhammad Yasir and after divorce she has contacted marriage with applicant
Shahzad Hussain; that there is family dispute over the custody of minor between
applicant Asma and Raja Muhammad Yasir, brother of alleged abductee and no such
incident had taken place; that alleged abductee was not recovered by police, he
voluntarily appeared before the IO; that there is delay of 23 days in lodging
of FIR, without any plausible explanation; that sufficient grounds are
available on the record which makes out the case of the applicants for further
inquiry.
On the
other hand, learned A.P.G., assisted by learned counsel for complainant,
opposed for grant of bail on the ground that alleged offence is heinous one and
case of the applicants comes within the ambit of prohibitory clause of Section
497, Cr.PC, hence they are not entitled for grant of pre-arrest bail. However, they
admit that applicant No.1 was ex-wife of Raja Muhammad Yasir and alleged
abductee Raja Muhammad Sabir is his brother.
Heard learned
counsel for applicant, learned A.P.G., learned counsel for complainant and
perused the material available on record.
Admittedly, there is family dispute between the parties
on the ground that applicant No.1 Asma is ex-wife of Raja Muhammad Yasir, who
is real brother of alleged abductee Raja Muhammad Sabir and there is delay of
23 days in lodging of FIR, without plausible explanation. It has come on record
that alleged incident was occurred on 07.11.2025 whereas FIR of the incident
was reported on 30.11.2025 and the alleged abductee voluntarily appeared before
the IO on 30.12.2025, which created serious doubt in the case. It has also come
on record that there is dispute between applicant No.1 Asma and brother of
alleged abductee, namely, Raja Muhammad Yasir over the custody of minors, which
make out the case of applicants for further inquiry in terms of Section 497,
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 case Muhammad Ijaz versus
The State (2022 SCMR 1271). Therefore, interim pre-arrest bail granted to the
applicants/accused above named by this Court vide order dated 15.01.2026 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