ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD

Cr.Bail Appl.No.S-  525  of 2010

DATE                                     ORDER WITH SIGNATURE OF JUDGE

            1. For orders on MA 2445/10.

            2. For hearing..

12.11.2010

Mr. Shabeer Hussain Memon, Advocate for applicant.

Syed Meeral Shah, D.P.G for the State.

                        =

1.         Granted subject to all just exceptions.

2.         Applicant Ghulam Mustafa seeks post arrest bail in Crime No.268/2009 of P.S Kotri for offence registered U/s 365-B and 496 PPC.

Bail plea of the applicant has been turned down by the trial Court vide order dated 23.12.2009.

Contents of the prosecution case in nut shell are that on 5.11.2009 complainant Ghulam Ali Chandio lodged his report at Police Station Kotri, stating therein that accused Nadir and Ghulam Mustafa both sons of Ali Bux, Ali Bux and Ali Hyder, all by caste Chandio have forcibly abducted his wife Mst. Raheeman on 4.10.2009 with intention to commit Zina. It is further alleged that complainant approached the accused persons but they did not pay any heed.

It is inter alia contended that applicant is innocent and has nothing to do with the alleged offence. Per learned counse, Mst. Raheeman alleged abductee is a sui-juris and she had left her husband’s house on her own accord. Neither she was abducted nor such incident had ever taken place. It is urged with vehemence that since 7.10.2009 Mst. Raheeman, the alleged abductee is in Panah Shelter Home at Karachi. On 13.10.2009 she was produced before the Xth Civil Judge & Judicial Magistrate, Karachi Centre where she sworn her affidavit and categorically stated that no one has kidnapped or abducted her nor she was compelled to left her husband’s house and it was her own decision. In support of his contentions, learned counsel has submitted the certified true copy of affidavit of Mst. Raheeman.

Learned D.P.G for the State under these circumstances, very candidly conceded the contentions raised by learned counsel for applicant and did not oppose the bail application.

Heard learned counsel for the parties and perused the record.

It appears that alleged incident had taken place on 4.10.2009 whereas the FIR was lodged on 5.11.2009, though there is explanation in this regard but same does not appeal to reason. Upon perusal of the affidavit of Mst. Raheeman, the alleged abductee, it appears that she has categorically stated that neither she was kidnapped or abducted by any one nor compelled to left her husband’s house. Her statement further reveals that due to questionable character and inhuman behaviour of her husband, she left her husband’s house and got shelter in a Shelter Home. Report was also called from the concerned Magistrate which also confirms that on 13.10.2009 Mst. Raheeman was produced and sworn her affidavit. Since the abductee herself has contradicted the contents of the FIR, therefore, on this single score alone the case of the applicant requires further inquiry. Consequently, this bail application is allowed and applicant is granted bail. He shall be released on bail subject to furnishing solvent surety in the sum of Rs.50,000/- (Fifty thousand) and P.R Bond in the like amount to the satisfaction of the trial Court.  

JUDGE

Tufail