IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.271 of 2026
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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10.03.2026
Mr. Muhammad Ashiq Dhamrah, advocate
for applicant
Mr. Sharafuddin Kanhar, A.P.G. &
Ms. Rukhsana Qassim Mirjat, ADPP
SIP Ali Akbar Narejo, PS
Gulistan-e-Johar, Karachi
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Applicants
Muhammad Nadir, Riaz Ahmed and Muhammad Faheem seek pre-arrest bail in FIR No.1033/2025,
registered at P.S. Gulistan-e-Johar, Karachi for offence under Section 365-B,
PPC, after rejection of his bail plea by learned Additional Sessions Judge-VII/Special
GBV Court, Karachi East vide order dated 22.01.2026.
2. It is
alleged in the FIR that daughter of complainant, namely, Anum Bibi, aged about
15/16 years, left house for purchasing some grocery but did not return home; on
inquiry it revealed that one Arshad son of Abdul Majeed, resident of the same
locality abducted Anum Bibi, hence the subject FIR.
3. Learned
counsel for applicants, submits that applicants are innocent and they have been
falsely implicated in this case due to mala intentions and ulterior motives;
that the alleged abductee has contracted marriage with co-accused Muhammad
Arshad and in support of his contention he has placed on record photostat
copies of Nakihnama and other documents; that no such incident occurred and
false FIR has been lodged by the complainant, with a delay of two months, that
too without any explanation, in order to drag the applicants/accused in a false
criminal case; that case of applicant requires further inquiry in terms of
Section 497(2), Cr.PC.
4. Notice
issued to the complainant is returned served but the IO present in Court
submits that he has chosen to remain absent.
5. Learned
A.P.G. formally opposed for grant of bail on the ground that alleged offence is
against the society and the alleged offence comes within the ambit of
prohibitory clause of Section 497, Cr.PC, hence the applicant is not entitled
for grant of pre-arrest bail.
6. Heard
learned counsel for the applicant, learned A.P.G., and perused the material
available on record.
7. It is alleged
in the FIR that the alleged abductee Anum Bibi went missing two months prior to
the registration of FIR and complainant after inquiry came to know that
co-accused Muhammad Arshad abducted his daughter or enticed her for contracting
marriage. During investigation, it has come on record that co-accused Muhammad Arshad
has contracted marriage with the alleged abductee Anum Bibi. In support of his
contention learned counsel for applicant has placed on record copy of
Nikahnama. From tentative assessment of material available on record, it
appears that the case of the applicants 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
applicants/accused by this Court vide order dated 27.01.2026 is confirmed on
the same terms and conditions.
8. Needless
to mention here that observations made hereinabove are tentative in nature, the
same would not prejudice the case of either party at trial.
9. Instant
criminal bail application is disposed of in the above terms.
J
U D G E
Gulsher/PS