IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-418 of 2018

Applicant               :                Abdul Majeed s/o Jamsher Chandio

Through Mr.Ali Raza Pathan, Advocate

Complainant       :                  Shahban Ali Mirali,

Through Mr.Zafar Ali Malgani, Advocate

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

Date of hearing   :                  04.10.2018

Date of order      :                  04.10.2018

O R D E R

IRSHAD ALI SHAH, J.- It is alleged that the applicant with rest of the culprits, by committing trespass into house of complainant Shahban Ali, abducted his daughters Mst.Suhagin and Mst.Shabiran, with intention to have rape with them, for that the present case was registered.

2.                On having been refused post-arrest bail by learned 5^th Additional Sessions Judge, Shikarpur, the applicant has sought for the same from this Court by way of instant application under section 497 Cr.PC.

3.                It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely, the FIR has been lodged with unexplained delay of nine days, the said abductees on return have not been subjected to medical examination by police and the applicant is in custody since seven months. By contending so, he sought for release of the applicant on bail on point of further enquiry.

4.                Learned A.P.G for the State and learned counsel for the complainant have opposed to grant of bail to the applicant by contending that the offence is affecting the society at large.

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

6.                The FIR has been lodged with unexplained delay of about nine days, such delay could not be lost sight of. 161 Cr.PC statements of the PWs are recorded with further delay of two days to FIR, which appears to be significant. The identity of the applicant is based under the light of bulb, which appears to be a weak piece of evidence. Both the abductees have returned to their house of their own under mysterious circumstances. They have not been subjected to medical examination by the police for no obvious reason, which too appears to be significant. In these circumstances, the guilt of the applicant obviously is calling for further enquiry.

7.                In view of facts and reasons discussed above, the applicant is admitted to bail subject to furnishing surety in the sum of Rs.100,000/- and P.R bond in the like amount to the satisfaction of learned trial Court.  

8.                The instant application is disposed of accordingly.

                                                                            J U D G E