ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

                                              Cr.Bail Appl.No.S- 587  of  2013

DATE        ORDER WITH SIGNATURE OF JUDGE

05.08.2013.

Mr. Altaf Hussain Khokhar, Advocate for applicants.

Mr. Shahid Shaikh, A.P.G. for the State.

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            Heard learned counsel for the applicants and learned A.P.G. for the State. The learned counsel for the applicants has argued that provisions of Section 371-A and 371-B are not attracted in this case. He has contended that neither there is allegation of selling or buying of the prostitute nor there is any allegation whether they were seen in embracing position. The only piece of evidence against the present applicants is the statement of co-accused before the police which is inadmissible under Article 38 of the Qanoon-e-Shahadat; that no independent witness has been cited in this case; that it is very surprising that two accused alongwith five ladies who were available in running Parado Car without any overt act, have been booked in this case malafidely; that co-accused Mst. Ansa Kanwal and others who are also booked in this case have been admitted to bail by this Court vide order dated 12.07.2013 and the case of present applicants is on better footing to that of co-accused. In support of his contentions, learned counsel has placed reliance on the cases of Ghazanfar Abbas v. The State (2009 P.Cr.L.J 1273), Muhammad Siddique v. The State and another (2008 P.Cr.L.J 856) and Shafqat Ali and another v. The State (2009 YLR 60).

            On the other hand, learned A.P.G. for the State has opposed the grant of bail.

            I have given due consideration to the arguments advanced by learned counsel for the parties and perused the material available on record.

            Sections 371-A and B are applicable to the person who is found in buying or selling a person for the purpose of prostitution etc. In the instant case, none of the applicants or co-accused who have been admitted to bail were found indulging in such buying or selling. It is very strange that the ladies alongwith two persons without any overt act were only found sitting in a Parado car have been booked in a case of buying and selling for the purpose of prostitution, thus it is a case of further inquiry against the applicants in view of dictum laid down in the aforesaid case law relied upon by learned counsel for the applicants.

            Keeping in view the above circumstances, the applicants are admitted to bail subject to furnishing solvent surety in the sum of Rs.50,000/- (Fifty thousand) each and P.R. Bond in the like amount to the satisfaction of the trial Court.

                                                                                                            JUDGE                                                          

Tufail