IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-180 of 2018

Applicant               :                Nabi Bux s/o Biland Lashari

Through Mr.Zafar Ali Malgani, Advocate

Complainant       :                  Muhammad Mithal Lashari through

Mr.Muhammad Afzal Jagirani, Advocate

State                              :                  Through Mr.Sharafuddin Kanhar,  A.P.G.

Date of hearing   :                  10.09.2018          

Date of order      :                  10.09.2018

O R D E R

IRSHAD ALI SHAH, J.- It is alleged that the applicant with rest of the culprits after having formed an unlawful assembly and in prosecution of their common object by committing trespass into house of complainant Muhammad Mithal not only abducted his daughter Mst.Yasmeen with intention to have rape with her but take away his belongings as are detailed in the FIR, for that the present case was registered against them.

2.                    On having been refused pre-arrest bail by learned trial Court, the applicant has sought for the same from this Court by way of instant application under section 498 Cr.PC.

3.                    It is contended by learned counsel for the applicant that the name of the applicant is not appearing in the FIR though it is lodged with delay of about six days; co-accused Yaseen alias Ghulam Yaseen and Uris alias Muhammad Uris have already been admitted to bail by this Court. By contending so, he sought for pre-arrest bail for the applicant as according to him, he is apprehending unjustified arrest at the hands of police.

4.                    Learned A.P.G and learned counsel for the complainant have not been able to controvert the arguments of learned counsel for the applicant.

5.                    I have considered the above arguments and perused the record.

6.                    The name of the applicant is not appearing in the FIR though it is lodged with delay of about six days, which appears to be significant. The main allegation of abduction of Mst.Yasmeen is attributed to             co-accused Naimatullah and Abdul Hakeem. Mst.Yasmeen now has been recovered. Co-accused Yaseen alias Ghulam Yaseen and Uris alias Muhammad Uris with utmost similar role have already been admitted to bail. In that situation, no useful purpose would be served if the applicant is taken into custody and then is admitted to bail on point of consistency.

7.                    In case of Muhammad Ramzan vs. Zafarullah and others (1986 SCMR-1380), it was held by the Honourable Court that;

“No useful purpose was likely to be served if bail of the accused is cancelled on any technical ground because after arrest he could again be allowed bail on the ground that similarly placed other accused were already on bail.”

8.                Above are the reasons of short order dated 10.09.2018, whereby the interim pre-arrest bail already granted to the applicant was confirmed on same terms and conditions.

                                                                            J U D G E

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