ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No. S – 222 of 2020

Date Order with Signature of Hon’ble Judge

1. For Orders on office objection.

2. For hearing of Bail Application

26-06-2020

Mr. Mumtaz Ali Khush Advocate for the Applicant.

Mr. Ali Dad Narejo advocate for the complainant.

Mr. Abdul Rahman Kolachi, DPG for the State

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Irshad Ali Shah J;- It is the case of the prosecution that co-accused Nadeem and Naseem abducted Mst. Soomal with intention to have Zina with her after covering some distance through their motorcycle they put her in a car wherein were found available the applicant and co-accused Khamiso, for that the present case was registered.

2. The applicant on having been refused post-arrest bail by learned IVth Additional Sessions Judge, Khairpur, has sought for the same from this Court by way of instant application u/s 497 Cr.P.C.

3. It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely; the FIR of the incident has been lodged with delay of about one day; Mst. Soomal has been recovered from co-accused Naseem, and she has not been subjected to medical examination. By contending so, he prayed for grant of post-arrest bail to the applicant on point of further inquiry.

4. Learned D.P.G. for the State and learned counsel for the complainant have opposed to grant of bail to the applicant by contending that he has actively participated in commission of incident.

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

6. The FIR of the incident has been lodged with delay of about one day. Mst. Soomal has been recovered by the police soon after registration of FIR, which appears to be significant. She in her 161 CrPC statement has not leveled allegation of rape against any of the culprit involved in the incident; she has not been subjected to medical examination; the allegation against the applicant even otherwise is only to the extent that he was found sitting in the Car whereby Mst. Soomal was taken away by co-accused Nadeem and Naseem. In these circumstance it is rightly being contended by learned counsel for the applicant that applicant is entitled to be released on bail on point of further enquiry.

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

8. The instant bail application is disposed of accordingly.

Judge

Nasim/P.A