IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.242 of 2026
[ Shahbaz Ali versus The State ]
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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04.03.2026
Mr. Sharafuddin
Kanhar, A.P.G. & Ms. Rukhsana
Qassim Mirjat, ADPP
Complainant present
LPI/IO Shabana
Naz Shaikh of PS Shah Latif Town, Malir, Karachi
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Applicant
Shahbaz Ali, seeks pre-arrest bail in FIR No.506/2025,
registered at P.S. Shah Latif Town, Malir, Karachi for offence under Section 496-A, PPC read
with Section 3 of the Prevention of Trafficking in Person (TIP), Act, 2018,
after rejection of his bail plea by learned Additional Sessions Judge-V, Malir Karachi vide order dated 20.12.2025. It is alleged in
the FIR that applicant has abducted Mst. Imam Zadi, hence the subject FIR.
3. Mr.
Kamran Ali Kalhoro, holding brief on behalf of Mr. Aftab Ahmed, learned counsel for applicant, submits that
applicant is innocent and he has been falsely implication in this case; that in
fact applicant Shahbaz Ali has contracted marriage
with Mst. Imam Zadi and in
support of his contention he has placed on record photostat
copies of Nakihnama, affidavit of freewill as well as
application filed by alleged abductee Mst. Imam Zadi and applicant Shahbaz Ali
before Ex-Officio Justice of
Peace-III, Shaheed Benazir Abad under Section
22-A(b)(iii), Cr.PC for protection against her
ex-husband Ghulam Murtaza
son of Maharuddin; that case of applicant requires
further inquiry in terms of Section 497(2), Cr.PC.
3. Complainant
Ghulam Murtaza is present
in Court and he assisted learned A.P.G., who opposed for grant of bail on the
ground that alleged abductee has fully implicated the applicant for commission
offence in her statement under section 164, Cr.PC and
submits that the alleged offence is against the society and falls within the
ambit of prohibitory clause of Section 497, Cr.PC,
hence the applicant is not entitled for grant of pre-arrest bail.
4. Heard
learned counsel for the applicant, learned A.P.G., complainant in person and
perused the material available on record.
5. It is a
matter of record that alleged abductee Mst. Imam Zadi and applicant Shahbaz Ali
approached to Ex-Officio Justice of Peace-III, Shaheed
Benazir Abad by filing application under Section 22-A(6)(iii), Cr.PC for protection against the complainant and others. During
investigation, IO recorded her statement under Section 161, Cr.PC, as well
as her statement under Section 164 Cr.PC was recorded
by learned Magistrate wherein she deviated from her earlier version and
implicated the applicant in this case. From tentative assessment of material
available on record, it appears that this is a case of two versions, which
calls for further inquiry in terms of Section 497(2), Cr.PC.
It is settled proposition of law that merits of case can be considered at bail
stage as held by the Supreme Court of Pakistan in the case of 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
granted to the applicant/accused by this Court vide order dated 26.01.2026 is confirmed
on the same terms and conditions.
6. Needless
to mention here that observations made hereinabove are tentative in nature, the
same would not prejudice the case of either party at trial.
7. Instant
criminal bail application is disposed of in the above terms.
J
U D G E
Gulsher/PS