ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

1^st Crl. Bail Appln. No.S-263    of   2014

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

22.12.2014.

For Hearing.

Mr. Habibullah G. Ghouri, advocate for the applicant/accused.

Mr. Muntazir Mahdi, Asst. Prosecutor General.

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ABDUL MAALIK GADDI, J.- Having remained unsuccessful in obtaining his release on bail from the trial Court in crime No.08/2014, registered under Sections 365-B, 34, PPC, at Police Station Drigh, applicant/accused Pathan Mir Jat is now seeking his release on bail through the instant bail application.

          2.       The brief facts giving rise to the present bail application are that on the night of 16^th of January, 2014, at about 1.00 a.m., accused, namely, Saadullah, 2. Pathan, and 3. Sadam, alongwith an unidentified accused, being armed with deadly weapons, in furtherance of their common intention, entered into the house of complainant and abducted away his wife Mst. Farzana, aged about 22 years, with intention that she may be forced and seduced with illicit intercourse.

          3.       It is contended by learned Counsel for the applicant that the case against the applicant/accused is false and has been registered due to enmity.  He has further submitted that no overt act has been assigned to present applicant/accused, mere presence at the alleged place of incident is shown against him.  He further submitted that nothing was recovered from the applicant and he is behind the bars since his arrest.  During the course of his arguments he also reiterated the facts and grounds, which he has urged in this bail application.

          4.       Conversely, learned A.P.G., vehemently opposed the bail and submitted that the applicant is specifically named in the F.I.R, he alongwith co-accused being armed with deadly weapons entered into house of the complainant on the night of occurrence and forcibly abducted away married lady, which is still not recovered.

          5.       Heard the parties and perused the record.

          6.       Perusal of record shows that the incident took place on 16.1.2014, the F.I.R. is registered on the same day without any delay.  Delay, if any, has also been explained in the F.I.R.  The name of the applicant appears in the F.I.R.  He was properly identified during the course of incident under the electric light.  As per F.I.R, the applicant being armed with weapon alongwith co-accused abducted away wife of the complainant Mst. Farzana and still said lady has not been recovered.  As per F.I.R, the applicant is involved in a case of heinous and serious in nature and the punishment for the said offence also falls within the prohibitory clause of Section 497, Cr.P.C.  The case is at initial stage, therefore, no case of bail is made out.  Resultantly, this bail application stands dismissed.

                                                                                                JUDGE

Dated ____-12-2014.