ORDER-SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
Crl. Bail Appln. No. D- 26 of 2013.
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Date of hearing |
Order with signature of Judge |
05.09.2013.
Present:
Mr. Justice Abdul Rasool Memon, J.
Mr. Justice Abdul Maalik Gaddi, J.
Mr. Aijaz Ali Shah, Advocate for the applicants.
Mr. Abdul Rasheed Soomro, State Counsel.
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Abdul Maalik Gaddi, J: The applicants Lal Mohammad alias Laloo son of Abdul Raheem and Goral alias Mohammad Ibrahim son of Allahdino both by caste Mirbahar, who are accused in case F.I.R No.06/2007, dated 05.04.2007, of P.S Garhi Hassan, Jacobabad, for offence under Section 365-A P.P.C, by filling instant bail application seek post arrest bail.
2. The applicants who were arrested on 25.2.2013, and are in custody since then. Their application for post arrest bail had been dismissed by the learned Special Judge, Anti Terrorism Court, Shikarpur, vide order dated 08.04.2013, hence this bail application.
3. The facts necessary for the disposal of this bail application are that on 05.04.2007, at 10.00 p.m. complainant Abdul Razzak Sarki lodged report at P.S Garhi Hassan, alleging therein that he resides at village Garhi Hassan alongwith his brothers Abdul Jabbar and Abdul Rauf. It is further alleged that on 23.3.2007, his daughter baby Fazila was playing with children in the street and did not return till 7.00 p.m., as such they searched for her in the neighboring houses but could not succeed to get her, though announcements were made on loudspeakers of various Mosques. It is also alleged that his daughter Fazila has been abducted by some unknown culprits, hence this F.I.R.
4. The police during investigation arrested accused Qadir Bux and Karim Bux and submitted challan for the offence under Section 365-A P.P.C., showing co-accused Baboo, Allahwarayo, Mushtaq, Shah Nawaz and Budho as absconders. Thereafter, the complainant submitted an application to Hon’ble Supreme Court of Pakistan, stating therein that according to his information the girl is under custody of a group of five persons comprising present applicants and others. Police arrested present applicants and submitted supplementary challan against them on 12.03.2013.
5. We have heard the learned Advocate for applicants, learned State Counsel and have perused the police papers available before us very carefully.
6. It is inter-alia, contended by the learned counsel for the applicants that case against the applicants is false and has been registered on hear-say evidence. He further submitted that present applicants are implicated in this case after five years of the alleged incident on the basis of further statement of complainant dated 25.2.2013, which too does not show any involvement of the applicants in the instant case; as such according to him the case against applicants requires further probe into their guilt. Learned counsel lastly submitted that co-accused namely, Qadir Bux alias Qadoo, Karim Bux alias Boro, Baboo, Allah Warayo and Shah Nawaz have been granted bail by this Court vide Order dated 04.03.2011, and the case of present applicants is on better footings than that of co-accused who have been granted bail. In support of his contentions, the learned counsel has relied upon case of Tahir Islam v. The State (PLD 2010 Cr.C. (Lahore) 57, and case of Waseem Iqbal v. The State (2009 M L D 154).
7. Conversely, learned State Counsel opposed grant of bail to the applicants on the grounds that their names have been disclosed by the complainant in an application filed by him before Hon’ble Supreme Court of Pakistan, wherein he has stated that he had information that his daughter is in the custody of a group of five persons comprising of applicants and co-accused. He further submitted that baby Fazila is still missing and there is every possibility that baby may be recovered from the clutches of the accused on the information of the complainant. He lastly argued that applicants at this stage of the case do not deserve concession of bail.
8. On perusal of record it reveals that applicants have been involved in the instant crime as suspects. This incident is alleged to have taken place on 23.3.2007, and F.I.R was registered on 05.4.2007. The applicants are not named in the F.I.R, nor any of the prosecution witnesses have implicated them in their statements recorded under Section 161 Cr.P.C. In further statement of the complainant recorded on 25.2.2013, he himself has not shown any direct involvement of the present applicants; on the contrary he has stated that he has no any evidence/proof against the applicants and he has given their names at the instance of somebody else and under doubt. We have carefully and minutely gone through the contents of the supplementary challan submitted by the Investigating Officer against the present applicants before the learned trial Court, which shows that no any substantial material has been collected against the present applicants to connect them with the commission of alleged offence. Not only this, but the I.O has stated in the supplementary challan that no material for taking cognizance against the applicant could be collected. It is surprising that the learned trial Judge while deciding the bail application of applicants did not take into consideration all these aspects of the case. Furthermore, the co-accused, namely, Qadir Bux alias Qadoo, Karim Bux alias Boro, Baboo, Allah Warayo and Shah Nawaz have already been admitted to bail by this Court vide Order dated 04.03.2011, in Crl. Bail Appln. No. D- 14 of 2011; and the case of present applicants is on better footings to that of co-accused who have been granted bail, therefore, on the basis of rule of consistency they also deserve the same treatment and concession.
9. In view of the above circumstances, we have come to the conclusion that the applicants have been able to make out a case for grant bail. Consequently, the instant bail application stands allowed and the applicants are admitted to bail on their furnishing solvent surety in the sum of Rs.100,000/- (One hundred thousand), each and P.R bonds in the like amount to the satisfaction of the trial Court.
Judge
Dated:
Judge