ORDER SHEET
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Date Order
with signature of Judge
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DATE OF HEARING 02.07.2013
M/s
Hussain Bux Solangi and Manzoor Hussain Khoso, Advocate for the Applicants.
Mr.
Ali Hyder Saleem APG.
Syed Hasan Azhar Rizvi J; By this order I intend to dispose of instant Criminal
Bail Application filed by the Applicants Muhammad Nawaz and Sahib Khan.
The brief facts
as narrated in the FIR No.645/2012 registered under section 496-A/34 PPC at
P.S. Gulistan-e-Jouhar, Karachi are that on 30.09.2012 at about 6:00 P.M.
accused persons namely Muhammad Nawaz, Sahib Khan, Feroz Ali and one unknown
person kidnapped the wife of the complainant namely Shahwal with intention to
commit zina with her. Mr. Hussain Bux Solangi learned Counsel for the applicant
made statement at Bar that subsequently prosecution
added section 376 PPC in the Charge-sheet. The applicants filed bail
Application No.2323/2012 before learned Sessions Judge, Karachi-East, the same was dismissed on 22.1.2013 by the learned Ist
Additional Sessions Judge, Karachi. Hence, this bail
application.
Learned Counsel
for the Applicants contended that Applicants are innocent and have been falsely
implicated in the present case due to enmity and malafide intention in
collusion with police. Learned counsel for the Applicants submitted that Mst.
Wazira real sister of the complainant and PW Ranjhan Ali, Muharam Ali and the
Cousin of Barkat Ali and relative of SIP Jawed Ahmed Babar (I.O. of the case)
has contracted a second marriage with Nazir Ahmed son of Rozi Khan Babar
younger brother of the applicants for which the complainant party was angry and
they called a Jirga and declared the spouses Mst. Waziran and Nazir Ahmed as
Karo Kari and decided to kill them. Mst. Waziran filed C.P. No.D-1329/2012 in
the Circuit Court of this Court at Hyderabad, wherein complainant and Pws were
arrayed as respondents for quashment of FIR No.173/2012 lodged by the
complainant Aijaz Ali under section 365-B/496-A PPC at P.S. Khairpur Nathan
Shah against the husband of Mst. Waziran, brother of the present applicant.
Learned Counsel for the Applicants has placed reliance upon Memo of Petition
filed alongwith statement dated 26.6.2013 field in the Circuit Court of this
Court at Hyderabad, wherein it is categorically stated that SIP Jawed Babar
Investigating Officer of Crime No.465/2012 of P.S. Gulistan-e-Johar and ASI Mir
Muhammad Babar posted at P.S. Gulistan-e-Johar, Karachi, who are Respondents
No.4 and 5 in the aforesaid petition and both are relatives of the complainant
and they by misusing their official power and designation managed to lodged FIR
against the Applicants.
Learned Counsel
for the Applicant further argued that complainant Aijaz Ali and his brothers
who are prosecution witnesses lodged several FIRs against the Applicants and
their relatives as the younger brother of the Applicants married with the real
sister of the complainant, who has filed C.P. No.D-1329/2012 and C.P.
No.D-1250/2013 at Circuit Court of this Court at Hyderabad. Learned Counsel for
the Applicants further stated that the Applicant No.1 is aged about 70 years
while the Applicant No.2 is about 60 years both have been implicated due to
enmity as the younger brother of the Applicants is the husband of the real
sister of the complainant, who has filed petitions, referred to above.
Mr. Ali Hyder
Saleem learned APG vehemently opposed the bail application and stated that FIR
was registered by the police after directions of the Justice of Peace/Sessions
Judge, Karachi-East and the abductee in her statements recorded under sections
161 and 164 Cr.P.C. has implicated the Applicants.
I have heard M/s.
Hussain Bux Solangi and Manzoor Hussain Khoso, Advocate for the Applicants, Mr.
Ali Hyder Saleem APG and perused the material available on record with their
assistance.
On tentative
assessment of the material available on record, it transpired that matrimonial
dispute between the parties was already existed before registration of the FIR.
Real sister of the complainant filed C.P. No.D-1329/2013 and the Divisional
Bench of this Court vide order dated 31.07.2012 quashed FIR No.173/2012 lodged
by the Aijaz Ali. In another FIR bearing No.177/2012 the Court restrained the
police not to arrest anyone unless they have some positive evidence. Investigating
Officer of the case according to the learned Counsel for the Applicants is the
relatives of the complainant as stated in the memo of petition viz C.P.
No.D-1250/2013. Malafide on the part of the complainant and the abductee with
the applicants cannot be ruled out in the circumstances discussed above. Hence,
the case of the Applicants is of further inquiry,
therefore, they are entitled for grant of bail at this stage.
Above are the reasons of my
short order dated 02.07.2013 whereby the present Applicants were granted bail
subject to furnishing solvent surety in the sum of Rs.100,000/- (Rupees One lac
only) each and P.R. Bond in the like amount to the satisfaction of the learned
Trial Court.
Observations made hereinabove are of
tentative nature and the trial Court shall not be influenced by any such
observation.
J
U D G E
Karachi
Dated _________________