IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR
Crl. Bail Application No. S-
703 of 2026
Applicants: Ali Akbar son of Taj Muhammad bycaste Mahar,
resident of village Allah Dino Mahar, Taluka Daharki, District Ghotkithrough
Mr. Syed Ghulam Rasool Shah, advocate.
The Complainant: Arbelo Khan Mangriothrough Mr.
Kamran Ali associate of Mr. Chaudhry Shahid Hussain Rajput advocate.
The State ThroughMr. Muhammad Raza Katohar, Deputy Prosecutor
General, Sindh.
Date of hearing& Order: 03-09-2026.
O R D E R.
Suresh Kumar, J.---Through the instant bail application, applicant named above seeks confirmation of the ad-interim pre-arrest
bail granted to him by this Court vide order dated 20-07-2026, in a case
bearing crime No. 12/2026, offence u/s 452, 365-B, 34 PPC & 3 TIP
registered at Police Station Khenjoo, District Ghotki.
2. The facts of the prosecution case, as depicted
in the FIR, are as follows: Complainant Arbelo Khan lodged the FIR on
22-06-2026 at approximately 4:00 AM, alleging that the accused Ali Akbar and
Abdo, armed with pistols, Yar Muhammad with a repeater, and Aloo with a gun,
trespassed into his house and forcibly abducted his wife, Mst. Aarban, with the
intention to commit Zina. Ultimately, the complainant appeared at the police
station and lodged the aforementioned FIR.
3. The applicant initially
sought pre-arrest bail from the Court of the learned IIndAdditional Sessions
Judge/GBV Court Mirpur Mathelo, which was dismissed vide order dated 17-07-2026.
Being aggrieved by this dismissal, the applicant has approached this Court.
4. I have heard the learned counsel appearing on behalf of the
applicant/accused and learned DPG for the State assisted by Mr. Kamran Ali
associate of Mr. Choudhry Shahid Hussain Rajput advocate for the complainant.
5. Having given due consideration to the arguments
advanced by the counsel for the respective parties and having perused the
relevant material, it is revealed from the record that on the last date of
hearing, the complainant filed an affidavit in which he raised no objection to
the confirmation of the interim pre-arrest bail of the applicant, and the
alleged abductee was ordered to be produced. Today, she has appeared and filed
an affidavit, which is taken on record, wherein she has stated that she has no
objection to the grant of pre-arrest bail to the applicant/accused. The learned
counsel for the applicant, under the cover of a statement, filed an order dated
28-08-2026, passed by the learned II Additional Sessions Judge (GBV Court),
Mirpur Mathelo, whereby the co-accused Yar Muhammad and Ali Bux @ Aloo were
granted pre-arrest bail on the grounds that the complainant and the abductee
had given no objection. The case of the present applicant is on par with this;
therefore, the applicant is entitled to the grant of pre-arrest bail as per the
rule of consistency. The applicant/accused has already joined the trial court
for trial.
6. For the foregoing reasons, I am of considered view that the applicant/accused
has successfully made out a case for the grant of pre-arrest bail, therefore,
the interim pre arrest bail already granted to the applicant on 20-07-2026, is
hereby confirmed on same terms and conditions with direction to appear before
trial Court till disposal of the case.
J U D G E